Sports Medicine Essentials, 3e - 44

44

CHAPTER 2

|

Legal Considerations and Administration

family educational
rights and privacy
Act (ferpA)
is a federal law
that applies to
all educational
agencies and
institutions that
receive funding
under any program
administered by
the Department
of  Educations.
Once the student
reaches 18 years
of age or attends
a postsecondary
institution, he or she
becomes an "eligible
student" and all
rights formerly given
to parents under
FERPA transfer to the
student. It generally
prohibits the
improper disclosure
of personally
identifiable
information derived
from education
record such as
name, address,
social security
number, etc..

The family educational rights and privacy Act (ferpA) protects the privacy
of student education records. This law applies to all schools that receive funds under
an applicable program of the U.S. Department of Education. Parents have certain
rights to their children's education records until they reach the age of 18 or attend
a school beyond a high school level. Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and
place of birth, honors and awards, and dates of attendance. The school must inform
the parents about this disclosure, in a reasonable amount of time, so the parents can
choose not to disclose directory information.
However, athletes might discuss personal injuries among themselves or with
others. Generally there is not a problem with this. This type of talk is common
around the locker room, and in some cases, such conversation can be beneficial.
For example, one patient might share her knee arthroscopy experience with another
patient, who is scheduled to have her own knee "scoped" in 2 days. Conversations
such as these may build stronger relationships between the two athletes and possibly bring a more positive attitude to the whole team. Keep in mind that the patient
decides what information is divulged. When taking part in a conversation between
athletes who are discussing injuries, let discretion and common sense guide what
is said.

rISK mAnAgement In SportS
Risk management is the control of factors that produce some amount of hazard. This
means reducing the risks involved with participation in a given sport or exercise
activity in whichever profession you pursue. Every individual involved in a sport or
activity lives with a certain degree of inherent risk of injury. To put the risk into perspective, participation in most sports is much safer than riding in a car-something
most people do every day without being concerned about the risks involved. The
ultimate goal in risk management is to make the activity as safe as possible for all
participants by preventing situations that create opportunities to place someone at
an increased chance of harm. Therefore, risk management involves injury prevention
and the education of all members of the sports medicine team regarding emergency
preparedness, proper procedures, and appropriate behavior.
To reduce the potential for litigation, the members of the sports medicine team
must understand why lawsuits occur. In general, athletes, their parents/guardians,
and patients file lawsuits because they want justice for a wrongdoing and/or compensation for personal damage or loss. In the field of athletic training this damage or loss
usually results from one of the following situations:
■	

Inadequate supervision of the athlete or patient

■	

Inadequate training of the athlete or patient

■	

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

■	

Faulty equipment or facilities

■	

Sexual harassment, discrimination, or other inappropriate behavior by one or
more members of the sports staff

These situations include two types of risk: the primary risk to the athlete or patient of physical, mental, or emotional injury; and the secondary risk to the staff or
organization of liability for the injury. A primary risk can be anything that negatively
impacts the health of the athlete or client. In addition, it may diminish the patient's



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
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Sports Medicine Essentials, 3e - Cover4
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