chap3 lecture

8/3/2019 Chap3 Lecture

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Legal Concerns & Insurance Issues

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“Being legally responsible for the harmone causes another person.” (pg. 79)

A key responsibility of a certified athletic

trainer is to reduce liability. “A great deal of care must be taken in

following athletic training procedures toreduce the risk of being sued by an athlete

and being found liable for negligence.”(pg. 79)

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“…assumes that an individual is neitherexceptionally skillful nor extraordinarilycautious, but is a person of reasonable andordinary prudence.” (pg. 79)

At the core it means you will use commonsense and handle the situation carefullyand prudently.

“The standard of reasonable care

requires that an athletic trainer willact according to the standard of careof an individual with similareducational background or training.”

(pg. 79) 3



Negligence – This is a type of tort. “the failureto use ordinary or reasonable care – care thatperson would normally exercise to avoid injuryto themselves or to others under similar

circumstances.” (pg 79) Tort -- “legal wrongs committed against theperson or property of another.” (pg 80)◦ Nonfeasance (act of omission) -- failure to act

◦ Malfeasance (act of commission) – committing an

act that is not legally his or hers to perform◦ Misfeasance – improperly doing something you

have the legal right to do

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Duty of care – part of a job

description; must prove the personresponsible for the injury had a duty tothe injured party.

Breach of duty - a failure to

conform to the standard of care

required

Resultant Damage - actual loss

resulting from the injury.

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Statute of Limitations- fixed certain length of time in which an athlete can sue the athletictrainer. (varies from state to state) generally,plaintiffs have between 1 to 3 years to file alawsuit.

Comparative negligence-if monetary

reimbursement is given it will based only on the% of negligence assigned to the defendant

Assumption of risk-the athlete assumesresponsibility for injury◦ athlete knows the types & magnitude of the

risk for their sport◦ athlete chooses to participate in the sport

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Act of God (act of nature)-injury occurred as a

result beyond the control of the defendant. I.E.Being injured by an earthquake during a cross-country run

Good Samaritan Law- (limited) protects healthcare providers who voluntarily come to the aid of an injured person. [no compensation] (You, as thehired ATC for a school/event, etc, are not covered

under the good samaritan law if you are workingan event for which you were hired)

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Potential liabilities for athletic trainers◦ failure to provide competent personnel

◦

failure to provide instruction◦ failure to provide proper equipment

◦ failure to warn

◦ failure to supervise

◦improperly treating an injured athlete

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Written contract- athletic trainer’s job/functions

First aid/CPR training- must be current Emergency plan-written form (EAP)

◦ COC's EAP Obtain informed consent to treat forms

◦

COC's Informed Consent PPE-Preparticipation physical exam

◦ COC’s PPE Document all injuries, treatments, & rehab

procedures Participate in continuing education Inspections of facilities/equipment Two-way communication-athletes,

coaches, and medical personal

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http://www.canyons.edu/departments/PE/athtrain/P&P.pdf

http://www.canyons.edu/departments/PE/athtrain/Physical%20Forms/Informed_Consent.pdf

http://www.canyons.edu/departments/PE/athtrain/Physical%20Forms/New_Athlete_Physical.pdf

http://www.canyons.edu/departments/PE/athtrain/Physical%20Forms/New_Athlete_Physical.pdf

http://www.canyons.edu/departments/PE/athtrain/Physical%20Forms/Informed_Consent.pdf

http://www.canyons.edu/departments/PE/athtrain/P&P.pdf



General health insurance – covers illness,hospitalization, and emergency care.◦ Primary – billed first; usually athlete’s personal

ins

◦ Secondary – billed after primary ins benefitshave been exhausted – **School athletic ins**

Accident Insurance – covers accidents thatoccur on school grounds.

Professional liability insurance – coversclaims of negligence against individuals

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HMO – health maintenanceorganization; provide preventivemeasures and limit where individualcan receive care.

PPO – preferred provider organization;

provide discount health care but alsolimit where a person can go for tx orillness.

POS – point of service; combo HMO &

PPO. Based on HMO structure but ptcan go outside HMO to obtain service**It is the job of the athletic trainer to

know what medical facilities andprocedures an athlete’s ins covers.**

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Knowledge – know benefits associated withdifferent insurance companies and types

Documentation – clearly document date of injury, assessment, initial tx rendered, andplan

Communication – athlete & parents (if applicable) need to be informed of theirfinancial responsibility that might beincurred as a result of the injury COC’s Insurance Form

Referral – responsibility of ATC to referathlete to primary ins approved provider Timely claim filing – accurately fill out ins

claim form and submit with appropriateitemized bills.

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http://www.canyons.edu/departments/PE/athtrain/Physical%20Forms/Verification_ins.pdf

http://www.canyons.edu/departments/PE/athtrain/Physical%20Forms/Verification_ins.pdf

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