Lec.3 - Legal liabilities

Question 1

Standard of care

Answer 1

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

Question 2

Scope of practice

Answer 2

Outline the role and responsabilities of an individual in that profession and what should be learned in the professional preparation of that individual

Question 3

Negligence - Malfeasance

Answer 3

Commits act they are not responsible to perform

Question 4

Negligence - Misfeasance

Answer 4

Commits act that is theirs to perform but either uses the wrong procedure or does the correct procedure in an improper manner

Question 5

Negligence - Nonfeasance

Answer 5

Fails to perform a legal duty of care

Question 6

Negligence - Malpractice

Answer 6

When an individual performs a negligent act while providing care

Question 7

Negligence - Gross negligence

Answer 7

Total disregard for the safety of others

Question 8

To find an individual liable… (4)

Answer 8

1. there was a duty of care
2. there was a breach of that duty
3. there was harm
4. the resulting harm was a direct cause from that breach of duty

Question 9

Legal liabilities - Failure to warn

Answer 9

• 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)

Question 10

Legal liabilities - Foreseesability of Harm

Answer 10

• Remove the danger before it occurs

- Prevent any unsafe situations

Question 11

What to look when talking about foreseeability of harm at a location?

Answer 11

Gymnasiums
Soccer field
Pool
Locker rooms

Question 12

Legal liabilities - Informed consent (clinical setting)

Answer 12

An injured athlete should be informed of:

• all possible treatments options
• the advantages
• the disadvantages

Question 13

Battery

Answer 13

Failure to provide informed consent (unpermitted or intentional contact with someone without their permission)

Question 14

Legal liabilities - Informed consent (first responder)

Answer 14

• 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.

Question 15

Legal liabilities - Informed consent (normal)

Answer 15

If a victim is not impaired, a rescuer must receive expressed consent before physically touching a victim

Question 16

Legal liabilities - Refusing help

Answer 16

Never put yourself in harm’s way to provide help to someone who won’t take it

Question 17

Many reasons for people to refuse help (4 examples)

Answer 17

Religious beliefs
Cultural differences
Avoidance of additional pain/discomfort
Desire to be treated by another medical professional.

Question 18

Legal liabilities - Product liability (implied liability)

Answer 18

manufacturer’s duties

Question 19

Legal liabilities - Product liability (expressed liability)

Answer 19

written guarantee that the product is safe to use

Question 20

Legal liabilities - Product liability (Strict liability)

Answer 20

The manufacturer is responsible in the case of defective or hazardous equipment

Question 21

Legal liabilities - Confidentiality

Answer 21

Privacy is a right

Under 18 y.o = parent/guardian must provide consent

Question 22

Legal defenses - Assumption of risk

Answer 22

• Some adherent risk to activity

- Assumption of risk form (common in activity participation)

Question 23

Legal defenses - Good Samaritan laws

Answer 23

• 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)

Question 24

Legal defenses - Comparative negligence

Answer 24

• 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)