Sports Medicine Essentials, 3e - 21

CHAPTER 2

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Legal Considerations and Administration

Misfeasance: When the care provider commits an act that is the care provider's responsibility to perform, but uses the wrong procedures (for example,
improperly stabilizing a dislocated ankle while waiting for paramedics).

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Nonfeasance: When the care provider fails to perform the care provider's
legal duty of care (for example, all signs of an assessment indicate an ankle
fracture and the care provider does nothing).

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Gross negligence: When the care provider has total disregard for the safety of
others.

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Malpractice: When the care provider commits a negligent act while delivering care. Negligence on the part of the coach or medical professional may be
called malpractice. This is professional misconduct or lack of professional
skill that results in injury to the patient.

When going to court, the first thing you might hear is an opening statement to
the jury, such as the following:
Ladies and gentlemen of the jury: We are here today because a young athlete has
suffered a severe and permanent injury as a result of the athletic trainer's failure to
exercises the degree of care that was owed to the members of his team. The athletic
trainer was negligent. Because of this negligence, this athlete has been made to suffer
physical and mental discomfort, extensive medical bills, and severe and permanent
disability. Only you can compensate this athlete for the needless damage that was
suffered as a result of the unprofessional and improper action of the athletic trainer.

What is a jury and what do juries do? The jury is a sworn body of people put
together to render an impartial verdict based upon the information provided (testimony and evidence) from both sides of the case. After delivering a verdict, the jury
will set a penalty for any damages the jury finds to be a result of wrongdoing on the
part of the medical provider.
Those accused of a crime have the right to be tried by a jury of their peers. Originally, this meant that farmers, for example, would be tried by other farmers; however,
today this has come to mean that a citizen is tried by his or her fellow citizens. Prior
to the start of the court hearing, the attorneys from both sides are responsible for the
selection of the jury members. By asking various questions to potential jurors, they
assemble a fair and impartial jury for the case.
Through appropriate decision making, proper record keeping, and knowledge of
the law, you will be better prepared if you have to go to court.

record KeepIng
Careful record keeping is important for several reasons. First, information contained in
the injury and treatment records is a valuable tool in the prevention and rehabilitation
of further athletic injuries. This statistical information can be used by both the sports
medicine team and the coaching staff to determine the nature of the injuries that have
occurred. If certain injuries seem to be occurring with any sort of pattern or regularity,
additional protective equipment may be purchased, or a change in the training and
conditioning program may be necessary to prevent those types of injuries in the future.
Other records, such as the pre-participation physical evaluation (PPE), emergency
consent forms, and insurance information, provide important information regarding
an athlete's treatment in the event of injury. These records can be stored in a variety of
ways besides the traditional filing cabinet. Specific athletic training software programs

21

negligence
The failure to give
reasonable care or
to do what another
prudent person with
similar experience,
knowledge, and
background would
have done under
the same or similar
circumstances.
standard of care
The degree of care,
skill, and diligence
an equally qualified
caregiver in the
profession would
provide in similar
circumstances.



Table of Contents for the Digital Edition of Sports Medicine Essentials, 3e

Contents
Sports Medicine Essentials, 3e - Cover1
Sports Medicine Essentials, 3e - Cover2
Sports Medicine Essentials, 3e - A
Sports Medicine Essentials, 3e - B
Sports Medicine Essentials, 3e - i
Sports Medicine Essentials, 3e - ii
Sports Medicine Essentials, 3e - iii
Sports Medicine Essentials, 3e - iv
Sports Medicine Essentials, 3e - Contents
Sports Medicine Essentials, 3e - vi
Sports Medicine Essentials, 3e - vii
Sports Medicine Essentials, 3e - viii
Sports Medicine Essentials, 3e - ix
Sports Medicine Essentials, 3e - x
Sports Medicine Essentials, 3e - xi
Sports Medicine Essentials, 3e - xii
Sports Medicine Essentials, 3e - xiii
Sports Medicine Essentials, 3e - xiv
Sports Medicine Essentials, 3e - xv
Sports Medicine Essentials, 3e - xvi
Sports Medicine Essentials, 3e - xvii
Sports Medicine Essentials, 3e - xviii
Sports Medicine Essentials, 3e - xix
Sports Medicine Essentials, 3e - xx
Sports Medicine Essentials, 3e - 1
Sports Medicine Essentials, 3e - 2
Sports Medicine Essentials, 3e - 3
Sports Medicine Essentials, 3e - 4
Sports Medicine Essentials, 3e - 5
Sports Medicine Essentials, 3e - 6
Sports Medicine Essentials, 3e - 7
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Sports Medicine Essentials, 3e - 61
Sports Medicine Essentials, 3e - Cover4
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