#2. Risk Management & Legal Liability Flashcards
What type of gloves are good to use because they are hypoallergenic?
Nitrile or Vinyl - Latex is a common allergy
“The potential of something happening that will have an impact.”
Risk
What two ways are risks measured?
likelihood and consequences
Goal of managing risk?
Prevent harm as well as educate and promote good health/safety.
What is our objective as student trainers?
Decrease the # of injuries that are likely to happen
What are two things that can be done to reduce or avoid risk?
- Reduce through practices - teach them correct mechanics of their sport
- Accept inherent risk and prepare for it.
Courses of Legal Action: “robberies, assaults, murder”
Criminal Suit
Courses of Legal Action: “non-premeditated offences, occur in sports”
Civil Suit
“being legally responsible for the harm one causes”
liability
“a legal wrong”
tort
“an act unlawful and intended to cause harm”
commission
“failure to perform a specific legal duty (whoops)”
omission
“not providing reasonable or ordinary care”
negligence
“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”
foreseeability
_____ is the failure to exercise ordinary or reasonable care that others with your level of training would in similar circumstances.
negligence - only do as much as you are trained to do!
4 steps in establishing negligence?
- Duty of Care
- Breach
- Harm
- Causation
Legal wrongs committed against a person (tort) may emanate from what three things?
- Non-feasance - fail to perform legal duty; if it is over your head refer it out!
- Malfeasance - perform action that is not his/hers to legally perform - advance treatment leading to complications
- Misfeasance - performs an action incorrectly that he/she has the legal right to do
“when an individual is made aware of inherent risks in sport and voluntarily decides to continue participating”
assumption of risk - eg. signing a form before you bungee jump
How do you prove negligence?
- 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
Could a 15 year old athlete provide legal consent?
Nope! You have to be 19 otherwise parental consent is required.
“athlete comes to you for assistance or they agree to first aid”
Explicit Consent
“you must explain all the risks and benefits of the treatment/assessment before you begin”
Informed Consent
“consent used to save a life - not capable of giving consent”
Implied Consent
“Protects a person providing emergency care to an individual from being liable for negligent if something goes wrong”
Good Samaritans Act - does not apply to individuals employed to provide care whether paid or volunteer
The legal responsibilities are described under the principles of _______ Laws
Contractual
