Chapter 8: Legal Considerations in Sports Medicine Flashcards
Malpractice
liability-generating conduct associated with the adverse outcome of the patient treatment
Breach of Contract
an unexcused failure to perform the services specified in a contract, either formal or informal
Tort
legal wrong, other than breach of contract, for which a remedy will be provided, usually in monetary damages
Negligence
type of tort in which ATC fails to act as a reasonably prudent ATC would under the circumstances
Omission
failure to act when there was a legal duty to do so
Commission
an action that violates a legal duty
Abandonment
desertion of a patient-practitioner relationship by the health care provider without the consent of the patient
Standard of Care
legal duty to provide health care services consistent with what other health care practitioners of the same training, education, and credentialing would provide under the circumstances
Actual Cause
degree tow which a health care practitioner’s actions are associated with the adverse outcomes of a patient’s care
Proximate (Legal) Cause
degree to which the harm caused by a health care practitioner was foreseeable
Foreseeability
ability to project the likely outcome of an act
Medical Practice Act
state law regulating the practice of medicine, usually by specifying who may practice and under what circumstances
Licensure
form of state credentialing established by statue and intended to protect the public, that regulates the practice of a trade or profession by specifying who may practice and what duties they may perform
Certification
form or title protection established by state law or sponsored by professional associations, designed to ensure that practitioners have essential knowledge and skills sufficient to protect the public
Registration
type of state credentialing that requires qualified members of a profession to register with the state in order to practice
Exemption
legislative mechanism used to release members of one profession from the liability of violating another profession’s practice act
Risk Management
process designed to prevent losses of all kinds for everyone associated with an organization, including its directors, administrators, employees, and clients
Emergency Action Plan (EAP)
blueprint for handling emergencies that helps establish accountability for their management
Drug Administration
provision of a single dose of medication to a patient by order of physician
Drug Dispensing
preparing and packaging medication for subsequent use by a patient
Over-the-Counter Medication (OTC)
medication that can be purchased without a physician’s prescription
Statues of Limitations
laws that fix a certain length of time beyond which legal actions can’t be initiated
Sovereign (Governmental) Immunity
legal doctrine that holds that neither governments nor their agents can be held liable for negligent actions
Assumption of Risk
legal defense that attempts to claim that an injured plaintiff understood the risk of an activity and chose to undertake the activity regardless of the hazards associated with it
