chapter 2 - legal issues

commission

(malfeasance) committing an act that is not ones responsibility

omission

(nonfeasance) using the wrong procedure in performing a responsibility

tort

a civil wrong for which damages are awarded

as the coach, I would explain the severity of the situation, informing the parents of the risk being taken for their child's safety and well-being. i would also explain the standard of care rules, how negligence is involved, and try to reduce my risk of litigation.

a member of your HS basketball team was seen by their family physician for an injury sustained during practice. the physician determined that the athlete should not participate in activity for one week. after 5 days, the athlete's parents call you to give approval for their child to play. how would you respond to this situation?

standard of care

act as a reasonable prudent person

strategies to reduce likelihood of litigation

actively engage in actions to reduce the risk of injury - clearance for participation, PPE, mechanism for return

patient's responsibilities

adhere to the prescribed guidelines for their activity - maintain appropriate level of fitness, perform within the rules, wear safety equipment, know safety procedures

battery

any unpermitted or intentional contact with another individual without their consent (failure to receive consent)

informed consent

authorization to provide treatment for an injury

negligence

can occur as a result of action or lack of an action by a professional who had a legal duty of care

risk management

coach is responsible for providing safe environment; duty of care for coach is reducing risk of injury

exculpatory waiver

contract that releases the professional from any liability to the individual executing the release - signing the waiver, the participant acknowledges their understanding of the risks involved

good samaritan laws

developed to encourage bystanders to assist others in emergency situations

no

does completion of an assumption of risk form by athletes/clients protect the coach/exercise specialist from negligence?

a. Yes, the coach can be charged for nonfeasance (omission) for failing to perform a legal duty of care by leaving the room unattended while his players were in there.b. The coach is still at risk for negligence because he still failed to be present where he is required to be present (lack of action by a professional who had a legal duty of care)

during a. weight training session, the coach left the room to work with some players in the gymnasium. while the coach was gone, an athlete sustained an injury using the equipment. a. is the coach at risk for negligence? if so, which negligent tort would be the basis for the wrong?b. if none of the athletes sustained an injury, is the coach at risk for negligence? justify your response.

forseeability of harm

exists when danger is apparent or should have been, resulting in an unreasonably unsafe condition

misfeasance

failure to perform ones responsibility

no the PPE does not cover everything

following the completion of a mandatory preparticipation exam, a physician determined that a HS student was cleared for participation on an athletic team. Based on that clearance, should the parents of the student consider their child to have a "clean bill of health"? why or why not?

committed an action that could result in negligence

if a coach diagnoses an injury, the coach has:

1. acts during an emergency 2. acts in good faith to help the victim 3. acts without expected compensation 4. is not guilty of any malicious or gross negligence toward the injured party

in performing their responsibility as an emergency first aider, fitness specialist, coach, or physical educator is not likely to be protected by the "good samaritan laws." identify 4 conditions that must exist for immunity based on the "G.S.L." to apply to the emergency care provider

warranty

product liability

assumption of risk

protect participants from unreasonable risks

implied warranty

responsibility of manufacturers to produce equipment that will not cause injury when use for its intended purpose

duty of care

strategy for informing participants of inherent dangers during physical activity

1. inform the individual about the inherent risks of participation. 2. provide proper supervision & instruction. 3. use quality products & equipment that do not pose a threat to the individual. 4. act as a reasonably prudent professional in caring for all participants. 5. establish a well-organized emergency action plan.

understanding and completing their duty of care consistent with state laws and professional policies and standards of practice is key to a fitness specialist, coach, or physician educator reducing litigation for their actions. identify 5 other strategies that can be used by these professionals to reduce the risk of litigation.

1. there was a duty of care owed to that injured person by the person responsible for the injury 2. there was a breach of that duty 3. there was harm (pain, loss of wages) 4. the resulting harm was a direct cause of breach of duty

what conditions are necessary to prove negligence?

malfeasance

when an individual commits an act that isnt their responsibility

misfeasance

when an individual commits an act that theyre responsible for but uses the wrong procedure or does it improperly

expressed warranty

written guarantee that equipment is safe for use

no

you are a part-time coach at a HS. are you covered by GSL?

nonfeasance

when an individual fails to perform a legal duty

A. a personal trainer conducts a pre-activity screening, but fails to preform the screening consistent with professional guidelines

which is an example of misfeasance?A. A personal trainer conducts a pre-activity screening, but fails to perform the screening consistent with professional guidelines B. A personal trainer suspects that a client has sustained a lower leg fracture due to the visible angulation of the involved bones. The trainer manages the injury by straightening the leg and immobilizing it in a splint.C. A personal trainer encourages a client to continue limited physical activity, knowing that a doctor has told the client to refrain from activity.D. A personal trainer fails to report that a piece of equipment is not safe and should be removed from use.

in a liability case, standard of care is measured by what the other minimally competent individual educated and practicing in that profession would have done to protect an individual from harm.

why is there a different professional standard of care for an athletic trainer & a fitness specialist, coach, or physical educator?

inform the individual about the risks of participation, obtain informed consent from the participant (or guardian), provide proper supervision & instruction, foresee any potential injury & correct the situation, perform regular inspection of any equipment, use quality products, post warning signs in plain sight about risks, maintain accurate health records & confidentiality, establish a well-organized emergency action plan, and act as a reasonable prudent professional.

you are self-employed as a fitness/exercise specialist. before working with a new client, what information would you provide to & request from the individual to reduce litigation related to injury?