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Legal Considerations

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Legal Considerations

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  1. Legal Considerations In Sports Medicine

  2. Preventative Measures • Obtain Credentialing • Shows client base that you have met National and State Standards within your job field and gives you credibility. • As long as your practice stays within the limitations set by your credentialing chances are low that a suit will ever be filed against you. • Credentials set the parameters your job is to follow them. • Credentials vary amongst states and professions

  3. Preventative Measures • Types of Credentials • Licensure • Most restrictive form of Governmental credentialing • Intent to protect public by limiting the practice of professionals to those who have met requirements of a licensing board • Prohibit those from practicing unless they have met requirements set by board • Usually requires some for of examination in order to complete

  4. Preventative Measures • Types of Credentials • Certification • Less stringent than licensure • Generally considered to have met the educational and skill requirements needed for the profession • States and health care practitioners can certify professionals • Noncertified individuals are prevented from using the same title but are able to perform the same duties of certified individuals • May or may not require additional examination

  5. Preventative Measures • Types of Certifications • Registration • Even less restrictive • Professionals are required register with a state before practicing. • Registration is a form of title protection as no one can practice without at least first applying for registration • Usually no examination is required for approval

  6. Preventative Measures • Types of credentials • Exemptions • Releases professionals from one profession from the liability of violating another professions practice act

  7. Preventative Measures • Strategies for Avoiding Legal actions • Build Relationships-constant positive communication encourages better relationships • Insist on written contracts-provides expectations for standard of care • Obtain informed consent-eliminates the I didn’t know response • Provide physical examinations • Know the profession-know what you will be more exposed too and plan for it • Document hazards-look for and ask for them to be removed • Establish policies-develop guidelines and adhere to them

  8. Preventative Measures • Strategies for Avoiding Legal actions • Document Activities-write down what you do when and to who to establish a timeline • Maintain confidentiality • Participate in continuing education-stay up to date on all current trends • Recognize your qualifications-know what's expected of the profession and realize the limitations of it • Insurance-purchase liability insurance as a just incase situation

  9. Legal Principles • Most common legal concern that allied health care professionals will face is Malpractice • Defined as “Liability generating conduct associated with adverse outcome of patient treatment • Forms of Liability • Negligent patient care • Failure to obtain informed consent • Intentional Conduct • Breach of contract • Use/transfer of defective product • Abnormally dangerous treatment

  10. Legal Principles • Torts-legal wrong done to someone which results in some form of compensation, usually money • Most cases against health care professionals based on negligent tort theory • Negligence is when a professional fails to act in a way that a reasonably prudent professional would act.

  11. Legal Principles • Five components of Negligence • Conduct-Did something that links to the tort • Existence of Duty-was the person wrong owed services by the professional • Breach of Duty-did the professional not follow standard of care • Causation-breach or care is what could lead to injury of plaintiff • Damage-That injury actually did occur

  12. Legal Defenses • Best defense is to provide high quality service that follows standards of care set by the profession • If malpractice has occurred the following should be considered as the best form of defense • Statute of limitations-set time limits on how long a patient has to bring suit against a professional • Sovereign Immunity-governments and their employees are not subject to negligent torts • Assumption of Risk-clients are aware of risks involved and proceed with treatment anyway. • Good Samaritan Immunity-limited defense but can hold up in certain situations