Legal Flashcards
What athletes should not be moved?
- suspected spinals
- violent fractures
- unconscious
When to call EMS?
- Unconscious
- Can’t feel arms/legs
- Violent fracture or dislocation
What is the Good Samaritan Act in Canada?
- Protects any person who provides voluntary assistance
- Works for you being in your home
- As long as you did what any reasonable person will do
What is the Emergency Medical Act in Alberta?
- Protects people who have medical training
- If you are not being paid (expected under contract to do that job), you are like any other person and your actions are considered voluntary
Define liability.
being legally responsible for the harm you cause someone else
Define the standard of reasonable care.
- If you were under contract, it is what any of your peers with the same type of training would do in that situation
- Volunteering puts you in the category of most common people regardless of your training
- What would most people do in this situation
What is negligence?
failure to use reasonable care
Can you be negligent if you’re a volunteer and walk by?
no
What are the 4 things you need to prove to have negligence?
- Prove they had a duty to provide that service (duty of care)
- Prove that they fell short of that duty
- Prove that there are damages that were caused by their failure
- reasonably foreseeable
Negligence results from either…
- nonfeasance
- malfeasance
- misfeasance
What is nonfeasance?
- act of omission
- You did not do something
- Ex. Moving a spinal, LOC
What is malfeasance?
- Act of commission
- They did something more than they should have
- Ex. Suspected spinal, decided to roll them onto their stomach and palpate
What is misfeasance?
- Individual improperly does something that he or she has the legal right to do
- You did something wrong
- Ex. Putting someone on the spine board but not going to put the straps on
How do certified professionals need to follow legal?
- Held to a higher standard when you are being paid or under contract to do that job
- Code of ethics/conduct
- Scope of practice: only protected within this
What is the statutes of limitations?
- Sets a specific length of time that individuals may sue for damages from negligence
- most within 2-7 years
What is assumption of risk?
- Athletes assume risk when they agree to participate in an activity they usually complete a release form of some sort
- Proper legal documentation will help with any and all legal matters, this is why it is important to document
Describe insurance for students.
either the student health insurance or other health insurance
Describe insurance for health care professionals.
required to have malpractice and liability insurance
as a matter of registration with their governing health bodies