#2. Risk Management & Legal Liability Flashcards

1
Q

What type of gloves are good to use because they are hypoallergenic?

A

Nitrile or Vinyl - Latex is a common allergy

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2
Q

“The potential of something happening that will have an impact.”

A

Risk

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3
Q

What two ways are risks measured?

A

likelihood and consequences

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4
Q

Goal of managing risk?

A

Prevent harm as well as educate and promote good health/safety.

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5
Q

What is our objective as student trainers?

A

Decrease the # of injuries that are likely to happen

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6
Q

What are two things that can be done to reduce or avoid risk?

A
  1. Reduce through practices - teach them correct mechanics of their sport
  2. Accept inherent risk and prepare for it.
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7
Q

Courses of Legal Action: “robberies, assaults, murder”

A

Criminal Suit

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8
Q

Courses of Legal Action: “non-premeditated offences, occur in sports”

A

Civil Suit

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9
Q

“being legally responsible for the harm one causes”

A

liability

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10
Q

“a legal wrong”

A

tort

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11
Q

“an act unlawful and intended to cause harm”

A

commission

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12
Q

“failure to perform a specific legal duty (whoops)”

A

omission

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13
Q

“not providing reasonable or ordinary care”

A

negligence

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14
Q

“a condition where danger is apparent or should have been apparent which ultimately resulted in unreasonable, or unsafe conditions - eg. a school fence gets broken and doesn’t get fixed and a kid impales them self on it”

A

foreseeability

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15
Q

_____ is the failure to exercise ordinary or reasonable care that others with your level of training would in similar circumstances.

A

negligence - only do as much as you are trained to do!

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16
Q

4 steps in establishing negligence?

A
  1. Duty of Care
  2. Breach
  3. Harm
  4. Causation
17
Q

Legal wrongs committed against a person (tort) may emanate from what three things?

A
  1. Non-feasance - fail to perform legal duty; if it is over your head refer it out!
  2. Malfeasance - perform action that is not his/hers to legally perform - advance treatment leading to complications
  3. Misfeasance - performs an action incorrectly that he/she has the legal right to do
18
Q

“when an individual is made aware of inherent risks in sport and voluntarily decides to continue participating”

A

assumption of risk - eg. signing a form before you bungee jump

19
Q

How do you prove negligence?

A
  • prove that there was a duty to exercise reasonable care
  • prove that there was a breach in duty
  • establish a connection to link breach of duty to inury
20
Q

Could a 15 year old athlete provide legal consent?

A

Nope! You have to be 19 otherwise parental consent is required.

21
Q

“athlete comes to you for assistance or they agree to first aid”

A

Explicit Consent

22
Q

“you must explain all the risks and benefits of the treatment/assessment before you begin”

A

Informed Consent

23
Q

“consent used to save a life - not capable of giving consent”

A

Implied Consent

24
Q

“Protects a person providing emergency care to an individual from being liable for negligent if something goes wrong”

A

Good Samaritans Act - does not apply to individuals employed to provide care whether paid or volunteer

25
Q

The legal responsibilities are described under the principles of _______ Laws

A

Contractual