Injury care and athletic trainer (chapter 1)

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Board of Certification (BOC)

**Awards the ATC credential Role of delineation study Standards of professional practice- **Ethical responsibilities that guide one's actions

ATC domains

-Injuries/illness prevention and wellness protection -Clinical evaluation and diagnosis -Immediate and emergency care -Treatment and rehab -Organization and professional health and well-being

National Athletic Trainers' Association (NATA)

Establishes standards for professionalism, education. research, and practice settings Entry level athletic training clinical intergration proficiencies Code of ethics

Exclusionary cause

Informed consent Identifies conditions not treated by the certified athletic trainer ex: Non athletic related injuries

Potential for battery

Informed consent Unpermitted or intentional contact with another individual without consent

Clearance for participation

Legal considerations **Final authority is supervising team physician, not the certified athletic trainer

Negligence

Legal considerations Failure to provide a duty of care Can result from: **Malfeasance Misfeasance Nonfeasance Malpractice Gross negligence

TORT law

Legal considerations Practice of athletic training is normally tried under what law

Omission

Legal considerations Tort Fails to preform a legal duty

Commission

Legal considerations Tort Performs an act they are not trained to do

Standard of care

Legal considerations Type of care **What another professional would gave done in similar circumstances

Scope of care

Legal considerations Type of care Outlines roles and responsibilities

Good samaritan laws

Legal defenses Conditions vary from state to state, but immunity generally applies only when a first aider -acts during an emergency -acts in good faith -acts without expected compensation -is not guilty of misconduct or gross negligence

Assumption of risk

Legal defenses Individual acknowledges understanding of the risks of his or her participation in the activity and voluntarily chooses to participate, assuming all risks of injury or even death due to his or her participation

Comparative negligence

Legal defenses Relative degree of negligence Damages are awarded on a proportionate basis -Surgeon is 70% at fault and patient is 30% at fault

Foreseeability of harm

Legal liabilities **Recognizing a potential danger and removing the danger before an injury occurs

Product liability

Legal liabilities -Implied warranty **Provide equipment that will not cause injury if used as intended -Expressed warranty -Strict liability -**NOCSAE: Establishes minimal standards for football helmets

Informed consent

Legal liabilities -Injured party has been reasonably informed of needed treatment, possible alternative treatment, and advantages and disadvantages of each course of action Exclusionary clause Obtain prior to any treatment Potential for battery

Refusing help

Legal liabilities Individuals have the right to refuse treatment Exception: Increased risk for further injury

Failure to warn

Legal liabilities Participants must be informed that risk for injury exists and understand the nature of that risk

Confidentiality

Legal liabilities Right to privacy

Malfeasance

Negligence **Performs and act not trained to do

Gross negligence

Negligence A total disregard for the safety of others

Malpractice

Negligence An individual commits a negligent act

Nonfeasance

Negligence Fails to preform a legal duty to care

Misfeasance

Negligence Performs an appropriate act but does it improperly

Health care team

Part of what? Team physician Primary care physician Coach or supervisor Athlete Physical therapist Strength and conditioning specialist Other specialists

Preventing litigation

Preventing what? Understand and complete duty of care Take steps to reduce risk of litigation Know a NATA position and consensus statements

Criteria required to prove negligence

These 4 needed for what **There was a duty of care **Breach of that duty **There was harm (pain and suffering, permanent disability) **The resulting harm was a direct cause from that breach of duty


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