Legal and ethical concerns Flashcards
Liability
The act of taking responsibility for an action that has caused bodily harm to another person
Negligence
When a person fails to act when there was a duty to act or when a person invades another person’s interests
Nonfeasance
(acts of omission)- failure to act when there is a duty to act
Misfeasance
The performance of a lawful act in an improper manner
Malfeasance
(acts of commission)- the performance of an act that should not be performed
Standard of reasonable care
Requires that an athletic trainer according to the same standards of an individual with similar educational background or training.
What 4 things must be present for a person to be found negligent?
-A duty of care existed
-person fell short of the standard of care
-an injury or harm came to the person
-personal, property, or punitive damages resu
Tort
A wrongful act of committed by a person against another person or that person’s property and requires that person to be compensated for the damages.
Sovereign Immunity
-Neither the government nor any individual who is employed by the government can be held liable for negligence.
Good Samaritan Law
A law that protects individuals that attempt to render aid to injured persons when the aid is being given in good faith.
Statute of Limitations
Sets a specific length of time that individuals may sue for damages from negligence.
Assumption of Risk
When a person knows that an activity in which they are participating could potentially cause harm to them, and they still chose to participate in the activity and will not be compensated for any injury that they sustain.
Gross Negligence
care provider has total disregard for safety of others.
Act of God
uncontrollable, Mother Nature
Foreseeability of Risk
making sure environment and equipment is safe