being legally responsible for the harm one causes another person
Standard of Reasonable Care
an individual is neither exceptionally skillful nor extraordinarily cautious, but is a person of reasonable and ordinary prudence.
Failure to use ordinary or reasonable care
When is Negligence alleged?
if an individual does something a reasonably prudent person would NOT do or FAILS to do something a reasonable prudent person would
What are the three things needed to establish negligence?
1. Duty of Care
2. Conduct of defendant fell short of that DOC
3. Resultant damages
(act of OMISSION) an individual fails to perform a LEGAL DUTY; ie. failure to refer an injured athlete to M.D.
(act of COMMISSION) an individual performs an act that is NOT legally his/her to perform. ie. an AT suturing a laceration
an individual performs an act that they have the LEGAL right to do but does so IMPROPERLY ie. an athletic trainer fits a helmet that is too large for an athlete and it leads to serious injury
Legal document that states that neither the government nor any individual who is employed by the government can be held liable for negligence-level of protection from sovereign immunity varies from state to state
Good Samaritan Law
provides limited protection against legal liability to any individual who VOLUNTARILY chooses to provide first aid, should something go wrong.
Statutes of Limitation
Plaintiffs have between 1-3 years to file a suit of negligence, either from the time of incident/omission or from the time of discovery of injury caused by the negligent act or omission.
Assumption of Risk
athlete assumes risk of participation in an activity
Reducing the Risk of Litigation
establish good personal relationships
establish policy and procedures
become familiar with Medical Hx of athletes
keep accurate records
manufacturers have a duty to design and produce athletic equipment that will not cause injury as long as it is used as intended
one AT alters equipment in anyway it invalidates the warranty
establishes minimum standards for football helmets
Health Maintenance Organization
Preferred provider Organization
Point of service plan
Physician hospital organization
Current Procedure Terminology Code, identifies specific medical procedures used in treating a patient