Chapter 3

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Legal Concerns and Insurance Issure
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1

Liability

being legally responsible for the harm one causes another person

2

Standard of Reasonable Care

an individual is neither exceptionally skillful nor extraordinarily cautious, but is a person of reasonable and ordinary prudence.

3

Negligence

Failure to use ordinary or reasonable care

4

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

5

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

6

Tort

Legal wrongs

7

NONfeasance

(act of OMISSION) an individual fails to perform a LEGAL DUTY; ie. failure to refer an injured athlete to M.D.

8

MALfeasance

(act of COMMISSION) an individual performs an act that is NOT legally his/her to perform. ie. an AT suturing a laceration

9

MISfeasance

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

10

Sovereign Immunity

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

11

Good Samaritan Law

provides limited protection against legal liability to any individual who VOLUNTARILY chooses to provide first aid, should something go wrong.

12

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.

13

Assumption of Risk

athlete assumes risk of participation in an activity

14

Reducing the Risk of Litigation

establish good personal relationships

establish policy and procedures

develop EAP

become familiar with Medical Hx of athletes

keep accurate records

15

Product Liability

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

16

NOCSAE

establishes minimum standards for football helmets

17

HMO

Health Maintenance Organization

18

PPO

Preferred provider Organization

19

POS

Point of service plan

20

PHO

Physician hospital organization

21

ICD-9-CM

Diagnostic Code

22

CPT code

Current Procedure Terminology Code, identifies specific medical procedures used in treating a patient