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Legal Liability

This comprehensive overview explores the standards of practice and ethics within athletic training, focusing on legal liability, tort law, and ethical responsibilities according to the NATA Code of Ethics. Key topics include determining negligence, defenses against liability, and the scope of practice defined by regulatory laws. The importance of sound judgment, documentation, and collaboration with healthcare professionals is emphasized. This resource is essential for athletic trainers looking to navigate legal responsibilities and uphold ethical standards in their practice.

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Legal Liability

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  1. Legal Liability Standards of Practice & Ethics

  2. Today’s Topics • Standards of practice • NATA Code of Ethics • Liability • Tort law • Determining negligence • Defenses to negligence & liability • Scope of practice (regulatory laws)

  3. Video

  4. Standards of Practice • Criteria of performance measurement • Direction of physician • Uses preventive care • Provides immediate care • Evaluates prior to treatment • Administers txt, rehabilitation & reconditioning programs • Collaborates with MD on discontinuation • All services documented

  5. NATA Code of EthicsStandards of conduct & integrity 1. Respect the rights, welfare & dignity of all individuals 2. Comply with laws & regulations governing practice of AT 3. Accept responsibility for the exercise of sound judgment 4. Maintain & promote high standards in provision of services 5. Shall not engage in form of conduct that constitutes a conflict of interest or that adversely reflects on the profession

  6. Liability • Definition “…state of being legally responsible for the harm one causes another person..” “…to perform an act in a reasonable and prudent manner..”

  7. Liability • Athletic Trainer “duty to prevent further injury/harm to injured party during treatment and rehabilitation”

  8. Liability • Institution “duty to provide reasonable medical assistance to injured participants (or spectators) ASAP under the circumstances”

  9. Tort Law • Tort: “..civil wrong for which the court will award damages..” 1. Based on the concept of fault 2. Law prohibits careless actions

  10. Tort Law • Intentional torts 1. Assault 2. Battery 3. False imprisonment 4. Defamation of character 5. Fraud 6. Invasion of privacy

  11. Tort Law • Unintentional torts Negligence 1. Malfeasance 2. Misfeasance 3. Nonfeasance 4. Malpractice

  12. Determining Negligence • Does the defendant have a duty to provide care? • Was the duty breached? • Did injury (harm) result? • Did the negligence cause the injury (harm)?

  13. Litigation Actions… • Warn of sport risks • Treat w/o consent • Provide safe facilities • Dangerous situations • Allowing injured to play • Unsafe equipment • Immediate referral to MD • Moving w/o immobilization • Employing unqualified personnel • No written emergency plan • Recognize injury • Keep adequate records

  14. Determining Negligence • Supervisors can be found guilty of negligence because of actions of employees 1. Respondent superior or vicarious liability 2. Actions of employees/ failure to supervise 3. Outreach positions

  15. Defenses to Negligence • Contributory negligence • Comparative negligence • Assumption of risk • Immunity 1. Sovereign immunity 2. Charitable immunity

  16. Defenses against liability • Stay current • Ask questions of colleagues & MDs • Maintain precise written records 1. Treatments & rehabilitation 2. Professional advice 3. Communications • Carry liability insurance

  17. Scope of Practice • National certification vs state regulatory laws • Category of regulatory laws 1. Licensure: protects practice 2. Certification: met minimum requirements 3. Registration: protects title 4. Exemption

  18. Next time... • Diagnostic imaging

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