chapter 2 KNES

malfeasance

_____________ occurs when an individual commits an act that is not their responsibility to perform

goals of preparticipation exam

______________ include: determine general health and current immunization status detect medical conditions that are not healed or may predispose the individual to injury or illness so medical treamtent can start prior to sport/activity participation identify health risk behaviors that may be corrected through informed counseling establish baseline parameters for determining when an injured individual may return to activity assess physical maturity evaluate the level of physical fitness classify the individual as to the readiness for participation recommend appropriate levels of participation for individuals with medical contraindications to exercise meet legal and insurance requirements related to participation in physical sports

coach strategies to avoid litigation

_______________- include: inform the individual about the inherent risks of participation obtain informed consent form the individual or their guardian prior to participation in the sport/activity and prior to any treamtent should an injury occur provide proper supervision and instruction forsee the potential for injury and correcting the situation before harm occurrs perform regular inspection of fields, gymnasiums, and activity rooms use quality products and equipment that do not pose a threat to the individual post warning signs in plain sight on and around equipmenet to inform about the risks involved in abuse of equipment and to describe proper use of hte equipment maintain accurate healthcare records; maintaining strict confidentiality of all medical records establish a well-organized emergency action nplan act as a qeasonably prudent professional in caring for all participants 13

malfeasance

________________ also knwon as an act of comission occurs when an individual commits na act that is not their responsibility to perform; for example, if a PE teacher suspects a student sustained a lower leg fracture due to angulation of invovled bones, the teacher could be liable, if their managment of hte injury included straighteniing the leg and immobilizing it in a splint 12

ccomparative negligence

________________ refers to the relative degree of negligence on the part of the professional (defendant) and the participant (plaintiff), with damages awarded on a basis proportionate to each person's carelessness 18

standard of care

_________________ is measured by what another minimally competnet individual educated and practicing in that profession would have done to protect an individual form harm or further harm

proper supervision

_________________ of participants involved in sport and physical activity can help to reduce the rate of injuries; in the capacity of a supervisor, coaches must be alert and attentive; _________________- involves active monitoring, not passive observation; in providing supervision, the coach should be positioned such that all participants can be systematically and routinely observed

misfeasance

__________________ occurs when an individual commits an act that is their responsibility to perform, but uses the wrong procedure or performs the correct procedure in an inproper manner; for example, if a personal trainer responsible for conducign a pre-activity participant screening fails to perform the screening in a manner consistent with professional guideliens and standards 12

nonfeasance

__________________ occurs when an individual fails to perform their legal duty of care

duty to care

___________________ refers to the legal obligation to proivde a professional standard of care to protect individuals under their care or supervision form unreasonable risks that could potentially be harmful; _______________ for a coach includes teaching proper and appropriate techniques for an age group; providing appropriate supervision of activities; providing quality safety equipments; ensuring a safe participation environment; and taking proper actions when an injury is sustained

professional standard of care

___________________ requries an individual to use the knowledge, skills, and abilities that conform to the standard of care for their particualr specialization; in a liability case, ________________ is measured by what another minimally competent individual educated and practicing in that profession would have done to protect an individual from harm or further harm; as such, the standard of care differs depending upon the profession 12

coaches

____________________ should present information in a manner that is both developmentally nad instructionally appropriate; instruction that is developmentally appropriate takes into consideration characteristics of the participant, such as age, physical maturation, fitness, and skill level, previous physicla activity experiences, and intellectual capacity 18

misfeasance

_____________________ occurs when an individual commits an act that is their responsibility to perform, but uses the wrong procedure, or does the right procedure in an improper manner 12

nonfeasance

_______________________, also known as an act of omission, occurs when an individual fails to perform a legal duty of care; for example, if a coach knows that a player has sustained an injury and permits or persuades the athlete to continue to play, the coach has not exercised reasonable care 12

actions that can result in litigation

________________________ include: failing to warn an individual about the risks involved in participation treating an injured party without their consent failing to provide medical information concerning alternative treatments or the risks involved with the treatment to a participant failing to provide safe facilities, fields, and equipments being aware of a potentially dangerous situation and failing to do anything about it failing to provide an adequate injury prevention program allowing an injured or unfit player to participate resulting in further injury or harm failing to provide quality training, instruction, and supervision using unsafe equipment negligently moving an injured athlete before immobilizing the injured area failing to employ qualified medical personnel failing to have a written emergency plan failing to properly recognize an injury or illness, both as immediate acute care and long-term treatment failing to immediately refer an injured party to the proper physician failing to keep adequate records treating an injury that did not occur within the school athletic environment 11

foreseeability of harm

a duty of care for coaches is to recognize the potential for injury and remove that danger before an injury occurs; ___________________ exists when danger is apparent or should have been apparent, resulting i nan unreasonably unsafe condition; this potential for injury can be identified during regular inspections of gymnasiums, field areas, swimming pools, safety equipment, and athletic training facilities 18

exculpatory waiver

an _________________ is a contract that releases the professional from any liability to the individual executing the release; similar to an assumption of risk, in signing an ____________________, the participant acknowledges their understanding of hte risks involved in their participation and their voluntary choice to participate in the face of those risks 15

expressed waranty

an __________________ is a written guarantee that the product is safe for use

informed consent

authorization to provide treatment for an injury should be obtained in writing prior to the beginning of participation; __________________ implies that an injured party has been reasonably informed of the needed treatment for the services that a coach may need to perform, possible laternative treatments, and advantages and disadvantages of each course of action; to be valid, _________________ can only be obtained form one who is competnet to grant it, that is, an adult who is phiscally and mentally competnet or the parent in the case of children under the age of 18

good samaritan laws

beginning in the 1960s, several states enacted legislation to protect physicians or other recognized medical personnel from litigation that may stem fomr emergency treatment provided to injured individuals at hte scene of an accident; these laws, nicknamed ________________ were developed to encourage bystandards to assist others in need of emergency care by granting them immunity form potential litigation; although the laws vary form state to state, immunity generally applies only when the emergency first aider (1) acts during an emergency, (2) acts in good faith to help the victim, (3) acts without expected compensation, and (4) is not guilty of any malicious misconduct or gross negligence toward the injury party 19

duty to care

coaches, physical educators, personal trainers, and other specialists have a legal obligation to provide a professional standard of care to proect individuals under their care or supervision from unreasonable risks that could potentially be harmful; this obligation, referred to as _________________ encompasses a variety of responsibilties, such as teaching proper and appropriate techniques for an age group, providing appropriate supervision of activities, providing quality safety equipment, ensuring a safe participation environment, and taking proper actions when an injury is sustained 12

battery

failure to receive informed consent may constitute __________________, which is an unpermitted or intentional contatct with another individual without their consent; although many courts require that intent to harm be present in an allegation of ______________, a wirtten documentation should be obtained from an individual or parents of minor childrne prior to treatment to avoid litigation 16

negligence

in cases involving ______________________, an individual is potentially entitled to compensation for injury or harm sustained; the burden of proof of negligence lies with the harmed individaul; specifically the person must prove the four elements of neglgience; these include: there was a duty of care owed to the injured person by the person responsible for the injury there was a breach of that duty there was harm (e.g. pain and suffering, permanent disability, or loss of wages) the resulting harm was a direct cause of the breach of duty 13

standard of care

in defining ___________________, it is important to distinguish between reasonable person standard of care and professional standard of care; reasonable person standard of care is a minimum standard that requires an individual to act as a reasonably prudent person

medical well-being

in ensuring proper acre for the individuals under their care, it is essential that coaches, physical educators, personal trainers, and other specialists responsbile for the medicaal well-being of their players, students, and clients protect themselves with regard to liability, a legal-responsiibliity for one's acts; failure to attend to that responsiblity could result in a lawsuit for damages sustained 11

tort

legal action involving the practice of sport nad physical activity injury care is typically tried under ___________ law; a _____________ is a civil wrong done to an individual, whereby teh injured party seeks a remedy for damages suffered

Strict liability

makes the manufacturer liable for all defective or hazardous equipment that unduly threaten an individuals personal safety

implied warranty

manufacturers have a duty to care to design, manufacture, and package equipments that will not cause injury to an individual when used as intended; this is called _________________

assumption of risk

participants and parents of minor children should (1) understand that risk for injury exists, (2) appreciate the nature of the risk, and (3) voluntarily accept the risk; understanding and comrehending the nature of hte risk is determined by the participant's age, experience, and knowledge of pertinent information about the risk 15

exculpatory waiver

physicains cannot totally exclude an individual from participation, but rather only recommend the indivudal not to participate because of a medical condition that increases the risk of further injury and/or death as a result of participation; in these situations, a ______________ can be used; an ______________ is based on an individual's assumption of risk and is a release signed by teh individual or parent of an individual under the age of 18 that releases the phyysician from liability of negligence 14

Health Insurance Portability and Accountability Act (HIPAA)

the ____________________ of 1996 includes laws that are intended to protect the privacy of patients; the component referred to as the Privacy Rule was designed to ensure patient confidentiality by establishing standards for controlling the use and disclosure of an individual's health records; the interpretation of the application of these laws in sport settings has been a source of confusion for professionals in the sports medicine community 17

negligence

the following elements mut be proven with regard to a coach being negligent: a duty of care a breach of that duty harm directly caused by that breach of duty

preparticipation examination

the use of a __________________ performed by a licensed physician as a requirement for participation in a sports team or in a physical fitness program can be an effective strategy for ensuring an individual's health and safety as it pertains to their participation in physical activity or sport 13

negligence

wrongs against an injured party may be attributed to __________________; __________________ can occur as a result of an action or lack of an action by a professional who had a legal duty of care 12