Lec.3 - Legal liabilities Flashcards
Standard of care
Measured by what another minimally competent individual educated and practicing that profession would have done in the same of similar circumstance to protect an individual from harm or further harm
Scope of practice
Outline the role and responsabilities of an individual in that profession and what should be learned in the professional preparation of that individual
Negligence - Malfeasance
Commits act they are not responsible to perform
Negligence - Misfeasance
Commits act that is theirs to perform but either uses the wrong procedure or does the correct procedure in an improper manner
Negligence - Nonfeasance
Fails to perform a legal duty of care
Negligence - Malpractice
When an individual performs a negligent act while providing care
Negligence - Gross negligence
Total disregard for the safety of others
To find an individual liable… (4)
- there was a duty of care
- there was a breach of that duty
- there was harm
- the resulting harm was a direct cause from that breach of duty
Legal liabilities - Failure to warn
- Make sure the athletes are informed of potential risks of injury while participating in their sport
(ex : important for novice players, usually communicated at pre-season meetings)
Legal liabilities - Foreseesability of Harm
- Remove the danger before it occurs
- Prevent any unsafe situations
What to look when talking about foreseeability of harm at a location?
Gymnasiums
Soccer field
Pool
Locker rooms
Legal liabilities - Informed consent (clinical setting)
An injured athlete should be informed of:
- all possible treatments options
- the advantages
- the disadvantages
Battery
Failure to provide informed consent (unpermitted or intentional contact with someone without their permission)
Legal liabilities - Informed consent (first responder)
- Expressed consent = communicated either verbally or in written form
- Implied consent = when the rescuer is unable to communicate with the victim (assumption that the victim would ask for help if he or she could.
Legal liabilities - Informed consent (normal)
If a victim is not impaired, a rescuer must receive expressed consent before physically touching a victim
Legal liabilities - Refusing help
Never put yourself in harm’s way to provide help to someone who won’t take it
Many reasons for people to refuse help (4 examples)
Religious beliefs
Cultural differences
Avoidance of additional pain/discomfort
Desire to be treated by another medical professional.
Legal liabilities - Product liability (implied liability)
manufacturer’s duties
Legal liabilities - Product liability (expressed liability)
written guarantee that the product is safe to use
Legal liabilities - Product liability (Strict liability)
The manufacturer is responsible in the case of defective or hazardous equipment
Legal liabilities - Confidentiality
Privacy is a right
Under 18 y.o = parent/guardian must provide consent
Legal defenses - Assumption of risk
- Some adherent risk to activity
- Assumption of risk form (common in activity participation)
Legal defenses - Good Samaritan laws
- Developed to encourage bystanders to help in emergency situations (acts in good faith to help the victim, act without expected compensation, not guilty of malicious misconduct or gross negligence)
Legal defenses - Comparative negligence
- Many people may be brought to court
- Relative degree of negligence on part of the plaintiff and defendant (damages awarded on a basis proportionate to each person’s carelessness)
