Athletic Injuries: Chapter 3 Review Questions
Elaborate on the sociologic pressures exerted on today's coach that may challenge his or her sense of professional ethics.
- Coaches jobs depend on winning and monetary gain - Athletes or parents of athletes may pressure a coach to play even though they are injured.
Malfeasance
An act of commission where conduct is performed that is wholly unlawful.
Misfeasance
An act of commission where lawful conduct is performed but done improperly.
Outline the steps that can reduce a coach's chances of being sued.
Pgs. 39 & 40 with more details 1. Written contract. 2. Certification in basic or advanced first aid 3. Emergency action plan 4. Parental consent form 5. Mandatory comprehensive pre-participation physical evaluation. 6. Documentation of all injuries 7. Completion of seminars and/or postgraduate classes 8. Inspections of facilities and/or equipment. 9.Development and maintenance of effective lines of communication 10. Enforce rules and regulations, 11. Be aware of laws that govern sports participation.
True or false: The courts have found that a coach is responsible for giving instruction to athletes regarding the rules and regulations of participation in sports.
True
Do Good Samaritan laws protect school personnel, such as coaches, from litigation?
Yes, but their are limits because coaches and other school personnel have a duty to provide appropriate emergency care.
Does liability differ for a paid coach versus a volunteer?
Yes, paid coaches usually have insurance through the universities in case of tort, and a volunteer coach must be able to afford insurance on their own or risk losing their assets.
Plaintiff
individual who was injured and brings the lawsuit
Define the terms tort and negligence as discussed in the text.
- A tort is a private or civil wrong or injury suffered by an individual as a result of another person's conduct. There are two general categories of torts: intentional and unintentional. The difference between the two types of torts lies in the intent to harm. - Negligence : The failure to do what a reasonably careful and prudent person would have done under the same or like circumstances, or doing something that a reasonably careful and prudent person would not have done under the same or like circumstances.
Briefly describe the two types of negligence—acts of commission and acts of omission—discussed in the chapter.
- An example of negligence by an act of Omission (nonfeasance) is when the local high school failed to provide a certified lifeguard at the pool during a PE swimming class and a student drowns. - An example of negligence by an act of Commission (misfeasance) is the high school football player (plain-tiff) who claims that a significant knee injury resulted from the head coach throwing a tackling dummy at his legs to simulate illegal blocking and the techniques needed to avoid these tackles. In such a case, the athlete might claim the coach's actions caused the knee injury unnecessarily.
What are the first two things a coach should do when notified of an impending lawsuit?
- Contact lawyer and insurance company - Write a detailed description of all events leading up to and immediately following the injury. This should include signed statements by eyewitnesses if possible.
Describe briefly the ways that a negligence suit may be defeated.
- No negligence: the defendant (coach) did not have a duty or did not breach the applicable duty of care. An act of God (act of nature) is also used in a no negligence defense as it concedes that the injury occurred as a result of factors beyond the control of the defendant (earthquake at track meet) - Contributory negligence. The plaintiff is found to be in part or totally responsible for the injury.plaintiff failed to exercise due care for his or her own safety. - Comparative negligence: assigning fault to both parties. - Assumption of risk. (Expressed (written) and Implied (obvious risks)) -Statute of limitations. (specific time periods (statutes) in which plaintiffs can file law-suits.) - Immunity (a condition that protects defendants from tort actions because of their position related to their relationship with the plaintiff) - Good Samaritan laws (serve to protect citizens (even medical personnel) who voluntarily provide first aid to an injured person)
What are the four elements that must be present to prove negligence?
1. Duty of care: An obligation recognized by the law requiring a person to con-form to a certain standard of conduct for the protection of others against un-reasonable risks. There is a duty to act in a reasonable manner and a duty not to act in an unreasonable manner. 2. Breach of duty: Violation of the established duty (direct evidence), a failure to conform to the standard required, or inference from circumstantial evidence. 3. Actual or proximate causation: A reasonably close causal connection be-tween the conduct (breach of duty) and the resulting injury. 4. Damage: Actual losses that are considered compensatory (e.g., medical expenses, future income, mental stress).
List and describe the reasons a coach or physical educator may be found negligent.
1. Failure to provide adequate supervision. 2. Failure to provide competent personnel. 3. Failure to provide appropriate training and instruction. 4. Failure to provide proper use of safe equipment. 5. Failure to warn of latent dangers. 6. Failure to provide prompt and competent medical care. 7. Failure to prevent injured athletes from competing. 8. Failure to match athletes of similar competitive levels.
