Legal Liabilities

Question 1

What is criminal law?

Answer 1

Used to punish and deter defendants

Question 2

What is Tort law?

Answer 2

Seeks to compensate victims of certain actions/inactions based on the breach of legal duty that caused damages

Question 3

Injuries are usually tried under which type of law?

Answer 3

Tort law

Question 4

What is act of omission?

Answer 4

Individual fails to perform a legal duty

Question 5

What is act of commission?

Answer 5

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)

Question 6

How is standard of care measured?

Answer 6

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

Question 7

What is scope of care/practice?

Answer 7

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

Question 8

What are the Negligent Torts?

Answer 8

Act of omission: nonfeasance
Act of commission: malfeasance, misfeasance, malpractice
Gross negligence

Question 9

What is nonfeasance?

Answer 9

Fails to perform legal duty of care

Question 10

What is malfeasance?

Answer 10

commits act they are not responsible to perform

Question 11

What is misfeasance?

Answer 11

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

Question 12

What is malpractice?

Answer 12

When an individual performs a negligent act while providing care

Question 13

What is gross negligence

Answer 13

Total disregard for safety of others

Question 14

To find an individual liable:

Answer 14

• 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

Question 15

Legal Liabilities: explain Failure to warn

Answer 15

• 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

Question 16

Legal Liabilities: explain Foreseeability of Harm

Answer 16

• remove danger before it occurs
• prevent any unsafe situations

Question 17

How can you prevent unsafe conditions for sport participation?

Answer 17

Regular assessments, communicating issues, ERP/EAP

Question 18

What potential dangers would you look for in gymnasiums, soccer field, pool, and locker rooms

Answer 18

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

Question 19

Legal Liabilities: what is Informed Consent (clinical setting)

Answer 19

• 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

Question 20

Legal Liabilities: what is Informed Consent (first responder)

Answer 20

• expressed consent: verbally/written
• implied consent: rescuer is unable to communicate w/ victim (assumption that the victim would ask for help)

Question 21

If the victim is not impaired, what must the rescuer do before physically touching the victim?

Answer 21

Receive expressed consent

Question 22

Legal Liabilities: what is Refusing Help

Answer 22

• 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

Question 23

Legal Liabilities: what are the types of Product Liability?

Answer 23

• 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

Question 24

What could alter/negate product liability?

Answer 24

Not using product as intended, past expiration date

Question 25

Can a helmet that has been reconditioned still be used to play?

Answer 25

Only if it meets the safety standards

Question 26

Legal Liabilities: what is Confidentiality?

Answer 26

Privacy is a right
- under 18: parent/guardian must provide consent

Question 27

List all the legal liabilities.

Answer 27

• Failure to warn
• foreseeability of harm
• informed consent
• refusing help
• product liability
• confidentiality

Question 28

List the legal defenses.

Answer 28

• Assumption of risk
• good samaritan laws
• comparative negligence

Question 29

Legal defenses: what is assumption of risk

Answer 29

• some inherent risk to activity
• assumption of risk form: common in activity participation

Question 30

Legal defenses: what are good samaritan laws

Answer 30

Developed to encourage bystanders to help in emergency situation
- acts in good faith to help the victim
- act w/o expected compensation
- not guilty of malicious misconduct or gross negligence (followed acceptable first aid protocol)

Question 31

Legal defenses: what is comparative negligence

Answer 31

• many ppl may be brought to court (physicians, surgeons, ATs, supervisors and emergency personnel)
• relative degree of negligence on part of the plaintiff and defendant: damages awarded on a basis proportionate to each person’s carelessness