Lecture 3: Legal Liabilities Flashcards
What is criminal law?
Used to punish and deter defendants
What is Tort law?
Seeks to compensate victims of certain actions/inactions based on the breach of legal duty that caused damages
Injuries are usually tried under which type of law?
Tort law
What is act of omission?
Individual fails to perform a legal duty
What is act of commission?
Individual commits an act that is not one’s act to perform, or an act that is one’s to perform but carried out w/ wrong procedure (leading to harm or injury)
How is standard of care measured?
Measured by what another MINIMALLY competent individual educated and practicing that profession would have done in the same similar circumstance to protect an individual from harm or further harm
What is scope of care/practice?
Outline the role and responsibilities of an individual in that profession and what should be learned in the professional preparation of that individual
What are the Negligent Torts?
Act of omission: nonfeasance
Act of commission: malfeasance, misfeasance, malpractice
Gross negligence
What is nonfeasance?
Fails to perform legal duty of care
What is malfeasance?
commits act they are not responsible to perform
What is misfeasance?
commits act that is theirs to perform but either uses the wrong procedure or does the correct procedure in an improper manner
What is malpractice?
When an individual performs a negligent act while providing care
What is gross negligence
Total disregard for safety of others
To find an individual liable:
- 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: explain Failure to warn
- make sure athletes are informed of potential risks of injury while participating in their sport
- particularly important for novice athletes who may not have the same understanding as a more advanced athlete
- warnings usually communicated at pre-season meetings; verbally or in written form
Legal Liabilities: explain Foreseeability of Harm
- remove danger before it occurs
- prevent any unsafe situations
How can you prevent unsafe conditions for sport participation?
Regular assessments, communicating issues, ERP/EAP
What potential dangers would you look for in gymnasiums, soccer field, pool, and locker rooms
Gym: wet floor, safe equipment, first-aid available, temp control, lighting
Field: weather, field conditions, goal post stability, parents in stands
Pool: water temp, chemical balance, lifeguards, slipping hazards, proper pool supplies, depth markers
Locker rooms: wet floor, cleanliness, ventilation, enough space
Legal Liabilities: what is Informed Consent (clinical setting)
- injured athlete should be informed of: all possible tx options, advantages/disadvantages
- failure to provide informed consent = battery: unpermitted or intentional contact w/ someone w/o their permission
Legal Liabilities: what is Informed Consent (first responder)
- expressed consent: verbally/written
- implied consent: rescuer is unable to communicate w/ victim (assumption that the victim would ask for help)
If the victim is not impaired, what must the rescuer do before physically touching the victim?
Receive expressed consent
Legal Liabilities: what is Refusing Help
- never put yourself in harm’s way to provide help to someone who won’t take it
- reasons: religion, culture, avoidance of additional pain/discomfort, desire to be treated by another medical professional
Legal Liabilities: what are the types of Product Liability?
- Implied liability: manufacturer’s duties
- Expressed liability: written guarantee that the product is safe to use
- Strict liability: manufacturer is responsible in the case of defective or hazardous equipment
What could alter/negate product liability?
Not using product as intended, past expiration date
