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Bellwork

Bellwork. Get Unit 3: Legal Concerns & Insurance Issues Book Chapter Outline. Categorize the essential insurance requirements for the protection of the patient The state of being legally responsible for the harm one causes another person Legal wrongs committed against a person

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Bellwork

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  1. Bellwork • Get Unit 3: Legal Concerns & Insurance Issues Book Chapter Outline

  2. Categorize the essential insurance requirements for the protection of the patient • The state of being legally responsible for the harm one causes another person • Legal wrongs committed against a person • Provides limited protection against legal liability to any individual who voluntarily chooses to provide first aid • Torts • Nonfeasance • Malfeasance • Misfeasance

  3. HMO, PPO, POS, EPO, PHO, TPA, Medicare, Medicade, Workers Compensation, Indemnity Plan, Capitation • A provision in an insurance policy requiring the policyholder to pay a specific percentage of each medical claim • The amount owed by the insured on a yearly basis before the insurance company will begin to pay for services rendered • A periodic payment made to an insurance company by an individual policy • Description of Billing Codes used by Athletic Trainers

  4. Objective • Topic: Legal Concerns & Insurance Issues • Do: Describe parts of negligence & Create a scenario on negligence • L.O.T: Creating

  5. Chapter 3: Legal Concerns and Insurance Issues

  6. Legal Concerns for the Athletic Trainer • Lawsuits have become the rule rather than the exception • Athletic trainers are held accountable for their patient care • What they do and don’t do

  7. New Vocab Word • Receive a new unit vocabulary sheet

  8. Liability • Definition • The state of being legally responsible for the harm one causes another person

  9. Liability • Uses/ Elaboration: • Athletic Trainers are liable for their actions- can be sued

  10. Liability

  11. Negligence • Definition • The failure to use ordinary or reasonable care

  12. Negligence • Uses/ Elaboration: • Care that persons would normally do to avoid injury to themselves or others • Commonsense approach to the situation • Operate within limits of educational background/ license

  13. Negligence

  14. Duty of Care • Definition • Part of the official job description

  15. Duty of Care • Uses/ Elaboration: • What the person is suppose to do

  16. Duty of Care

  17. To Prove Negligence • Duty to Care • Breach of duty (Conduct fell short) • Damages (Injury/ $)

  18. Think, Pair, Share • Think of a person/ entity in sports (coach, athletic director, ATC, team doctor, school) and create a scenario on how they could get sued for negligence • Need to show: • Duty to Care • Breach of Duty • Damages

  19. Bellwork • What are the 3 things one must prove in order to successfully sue for negligence? • Duty to Care • Beach of Duty • Damages

  20. Objective • Topic: Torts (Legal Wrongs) & Legal Protection • Do: Examine & Analyze if there is a Tort • L.O.T.: Analyzing

  21. New Vocab Word • Get out your vocab sheet

  22. Torts • Definition: • Legal wrongs committed against a person or property of another

  23. Torts • Uses/ Elaborations: • Doing something wrong intentionally or by negligence • Torts serve as a deterrent as stating what is acceptable

  24. Torts

  25. Nonfeasance • Definition: • When an individual fails to perform a legal duty

  26. Nonfeasance • Uses/ Elaboration: • Also known act of omission • They do not do something they are suppose to do

  27. Nonfeasance

  28. Malfeasance • Definition: • An individual commits an act that is not legally his to perform

  29. Malfeasance • Uses/ Elaboration: • Act of commission • Doing something outside of their duty

  30. Malfeasance

  31. Misfeasance • Definition: • An individual improperly does something he or she has the legal right to do

  32. Misfeasance • Uses/ Elaboration • Does something wrong they have the legal right to do and there are damages

  33. Misfeasance

  34. Proving Negligence • Negligence suit to be successful • Prove the athletic trainer had a duty to exercise reasonable care • The athletic trainer breached that duty • Connection between the failure to use reasonable care and the injury

  35. Other Legal Aspects • Individual with higher level of training will possess higher level of competence • Doctor vs. Athletic Trainer vs. Coach • Once an individual assumes duty of care for athlete that person has an obligation to provide appropriate care

  36. Legal Protection* New Vocab • Sovereign Immunity • Good Samaritan Law

  37. New Vocab Word • Get out your vocab sheet

  38. Sovereign Immunity • Definition: • Neither the government nor any individual who is employed by the government can be held liable for negligence

  39. Sovereign Immunity • Uses/ Elaboration: • Employed by a public school or state funded college/ university • Varies from state to state

  40. Sovereign Immunity

  41. Good Samaritan Law • Definition: • Provides limited protection against legal liability to any person who voluntarily chooses to provide first aid

  42. Good Samaritan Law • Uses/ Elaboration: • Acts within their education and gives reasonable care

  43. Good Samaritan Law

  44. Scenario- Baseball Lawsuit • Receive Baseball Lawsuit Scenario • Answer Yes, No & Why

  45. Bellwork • Define in your own words: • Nonfeasance • Malfeasance • Misfeasance

  46. Objective • Topic: Legal Protection & Case Studies • Do: Evaluate, Assess & Discuss Various Case Studies • L.O.T.: Evaluating

  47. Statutes of Limitation • Length of time an individual can sue for negligence • Varies by state (usually 1-3 years) • Time the negligent act to the lawsuit or from the time injury is discovered following negligent act • Minors have generally have an extension

  48. New Vocab Word • Get out your vocab sheet

  49. Assumption of Risk • Definition: • The individual, through express or implied agreement, assumes that some risk or danger will be involved in the particular undertaking.

  50. Assumption of Risk • Uses/ Elaboration: • A person takes his/ her own chances

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