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What is Standard of Care?
§ What another minimally competent individual, educated and practicing in that profession, would have done in the same or similar circumstance to protect an individual from harm.
What is a tort? What types of torts are there?
A civil wrong (other than breach of contract), in which a court will provide a remedy in the form of damages suffered (a situation in which an individual can be sued)
- Types of Torts:
- § Malfeasance – an individual commits an act that is not his/her responsibility.
- § Misfeasance – an individual commits an act that is his/her responsibility but uses the wrong procedure, or does the correct procedure in the wrong way.
- § Nonfeasance – an individual fails to perform his/her legal duty of care.
- § Malpractice – an individual commits a negligent act while providing care.
- § Gross Negligence – total disregard for the safety of others.
What situations can you NOT be sued for?
§ Failure to Warn – legal duty of care to inform individuals of risk of injury (up to death) in the sport or facility.
§ Informed Consent – injured party has been informed of needed treatment, possible alternatives, and advantages/disadvantages of each course of action.
§ Battery – un-permitted or intentional contact with another individual without their consent.
- § Forseeability of Harm – when danger is apparent, should have been apparent, resulting in an
- unreasonably unsafe condition.
What is Product Liability?
- Standards for most equipment that must be followed:
- § Machines
- § Helmets (NOCSAE)
- § Shoulder Pads
Can be either Expressed
What steps can an AT take to avoid litigation?
Instruct athletes not to touch an injured player
Assume every head injury is a neck injury and treat as such
Show care and concern equally
Be correct in all facts given
Have written procedures in place for everything, hand out, and follow at all times
Buy best equipment with money available, but make sure all the same quality
Be aware of limitations with physician
Conduct yourself professionally
Have practice schedules and manage your time
Keep all paperwork current and carry liability insurance