Chapter 4

Chapter 4

Ethical and Legal Considerations

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Concepts for Understanding Ethical and Legal Considerations• Liability• Assumption of risk• Risk management• Negligence

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Ethical and Legal Concepts• Standard of care• Malfeasance• Misfeasance• Nonfeasance

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Ethical and Legal Concepts• Gross negligence• Malpractice• Ethics• Tort• Litigation

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Ethical and Legal Concepts• Battery• Code of Ethics

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School District AthleticPhilosophy and Regulations

• Code of Ethics • Athletic regulations • Training rules and standards scholastic

eligibility • Citizenship

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School District Athletic Philosophy and Regulations

• Team try-outs • Dismissal from a team • Quitting the team • Travel regulations • Outside competition • Participation in other school activities

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Liability Insurance• Most employers carry liability insurance

on employees who are working for them• When an athletic trainer works outside

of the job– Trainer should carry additional liability

insurance in case of a lawsuit

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Reducing the Potential for Litigation

• Inadequate supervision of the athlete or client

• Inadequate training of the athlete or client

• Improper or inadequate medical treatment by one or more members of the sports medicine team

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Reducing the Potential for Litigation

• Faulty equipment or facilities• Sexual harassment, discrimination, or

other inappropriate behavior by one or more members of the sports staff

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Protect Oneself from Litigation• Do not allow a client or athlete to begin

any program without obtaining a signed informed consent and liability release

• Agree upon fees and put them in writing before the start of services

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Protect Oneself from Litigation• Make sure adequate facilities are

available for both men and women athletes

• If possible, avoid being alone in a room with an athlete or client to avoid the suggestion of inappropriate behavior

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Protect Oneself from Litigation• Keep detailed notes about all professional

activities and those of the team• Develop an emergency action plan for

every sport

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Protect Oneself from Litigation• Become familiar with the products and

supplies used • Read all dealer’s or manufacturer’s

warnings and disclaimers– Make sure athletes or clients are aware of

them

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Protect Oneself from Litigation• Consider all sports involved in the

athletic program– Not just the ones that are conducted on a

court or field• Follow appropriate procedures on all

injury assessments

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Protect Oneself from Litigation• Assure supervision of all athletes during

treatment– Whether in the clinic or on the sidelines– Make sure staff are aware of any health

problems of the athlete– Make sure coaches are up-to-date on all

training techniques

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Protect Oneself from Litigation• Conduct pre- and postseason reviews of

past years and seasons, learning from both positive and negative events

• Create a daily approach to safety

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Protect Oneself from Litigation• Make a daily checklist for key items of

concern• Know your limitations• Be aware of changes in standards of

care and any other changes that affect the field of work

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Safety Committee• Diverse group of individuals

– To identify potential safety concerns for the athletic program

– Assure implementation of approved safety measures