Transcript Legal and Ethical Issues

Legal and Ethical Issues
Sports Med 1
Unit 3
Legal concerns in athletics
• Why should you care about the legal side of it?
• In recent years we have seen an increase in the
number of negligence lawsuits against AT’s,
coaches and schools
• Most of you want to go into healthcare… and its
important to know what to do to cover your butt!
Liability
• Means being legally responsible for the harm
one causes another person
• AT’s must make sure to follow proper protocol
and procedures to reduce the risk of being sued
by an athlete
Liability
• What could an athletic trainer be held liable for?
Product Liability
• Manufacturers of athletic equipment have a duty
to design and produce equipment that will not
cause injury as long as it is used as intended
• A warranty is the company’s guarantee that the
product is safe
Product Liability
• Warning labels placed on football helmets inform the
player of the possible dangers associated with using the
product
▫ Many schools require players to sign a form stating
they understand these warnings
• NOCSAE is the organization that establishes minimum
standards for equipment that must be met to insure
safety
Preventing Liability
• How do we prevent liability?
▫ Warning athletes of potential dangers inherent in
sport
▫ Supervise constantly and attentively
▫ Properly prepare and condition athletes
▫ Ensure proper and safe equipment/facilities
▫ Establish specific policies
▫ Keep accurate records
▫ Detailed job descriptions
▫ Obtain written consent
• Maintain confidentiality
• Don’t dispense prescription medications
• Use only the therapeutic modalities that you are
trained to use
• Don’t use faulty equipment
• Don’t allow untrained persons to do therapies
• Work cooperatively with physicians
• Don’t permit injured athletes to participate
without written consent from a physician
• Purchase liability insurance
• Document everything!!
Field Trip!!
• In groups of 2-3 your task is to search the school
for potential liabilities. You’re looking for
anything that might potentially be a source for
damage or injury to students or staff.
• You have 15 minutes do to this… which means
you need to be back in the room at 9:35
Non-compliance
• What should you do if a patient fails to receive
treatment or goes against your medical advice?
• What if an athlete participates in athletic
activities even though they have not been
medically cleared to do so by a doctor or athletic
trainer?
• DOCUMENT EVERYTHING!!
Consent
• Express consent
▫ Given orally or in writing
▫ Includes informed consent
• Implied consent
▫ Not given orally or in writing but understood from
the circumstances surrounding the procedure or
treatment at issue
Consent
• While the issue of consent is not as critical
in AT as it is in other health care areas, it
is still necessary to get consent to treat
patients before you start caring for them,
or before you send a student-athlete
(under 18) to a doctor for medical care
Torts
• Torts are legal wrongs committed against the
person or property of another
• These acts may emanate from one of the
following:
▫ Acts of Omission – failure to perform a legal
duty
▫ Acts of Commission – committing an act
that is not legally his or hers to perform
Negligence
• Failure to use ordinary and reasonable care
• Alleged when the individual
▫ Does something that a reasonable person would
NOT do or…
▫ Fails to do something that a reasonable person
would do under similar circumstances
• When someone is sued for negligence the actions
of a hypothetical, reasonably prudent, person
will be compared to the actions of the person
being accused of negligence to determine if their
actions were reasonable
Negligence
• In order to win the lawsuit, the athlete must
prove the following:
▫ AT had a duty to act and exercise reasonable care
▫ AT breached that duty by failing to use reasonable
care
▫ There was a direct connection between the failure
to use reasonable care and the injury that was
suffered of that the AT’s actions, or lack there of
▫ They suffered damages as a result
▫ There was proximate cause
 Primary cause of injury
Statute of limitations
• Sets a specific length of time that individuals
may sue for damages
• Typically 1 – 3 years
• In some states, minors are allowed to file a suit
up to 3 years after they turn 18
Negligence
• Most common example?
▫ Athlete is removed from field or court in order to
allow play to continue without properly evaluating
the injury
Assumption of risk
• An athlete assumes the risk of participating in an
activity when he/she knows of and understands
the dangers of that activity and voluntarily
chooses to be exposed to those dangers
• Can be expressed in a written waiver signed by
athlete or parents or implied in conduct
Assumption of risk
• May be used by AT as a defense to lawsuit
• However, the AT must prove the athlete did
assume this risk by producing signed document
▫ Therefore proving the athlete knew about,
understood, and voluntarily accepted the risk
associated with the activity
Assumption of risk
• Subject to many interpretations in court
▫ Especially when it involves minor
• Caution must always be used when relying on
waivers and releases of liability for minors
Code of Ethics
• Put forth by NATA
• States the principles of ethical behavior that
should be followed in the practice of athletic
training
• Intended to maintain high standards and
professionalism for ATs
Principle 1
• Members shall respect the rights, welfare and
dignity of all.
▫ No discrimination against legal protected class
▫ Provide competent care consistent with both
requirements & limitations of their profession
▫ Confidentiality of privileged information
Principle 2
• Members shall comply with the laws and
regulations governing the practice of athletic
training
▫ Comply with national, state, local and institutional
guidelines
▫ Familiar with NATA standards
▫ Report illegal/unethical practices in AT
▫ Avoid substance abuse/seek rehabilitation help
Principle 3
• Members accept responsibility for use of sound
judgement
▫ Cannot misrepresent skills, training, professional
credentials, identity or services
▫ Only give services they are qualified to provide
▫ Provide services, make referrals, and seek
compensation only for those necessary services
Principle 4
• Maintain and promote high standards in
provision of services
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Continuing education to enhance skills
Evaluate performance of staff members, students
Educate regarding code of ethics
Encourage research and educational activities
Maintain and promote ethical conduct
Conflicting sides
• What happens if there is a conflict between the
code of ethics and the law?
• The law wins!!
HIPAA
• What is it?
▫ A law to protect the privacy of your health records
▫ PHI = personal health information
▫ Limits who can see your info
FERPA
• Protects the privacy of student education records
• Enacted in 1974
• Only applies to institutions which are receiving
money from the government
• Gives parents the right to
▫ Inspect and review education records
▫ Request that anything which is incorrect be
changed
▫ Must have written release from parents to
release records
• Why is this important?