Legal Liability and Risk management Flashcards
what is risk
the potential of something happening that will have an impact
measured in likelihood and consequences
intrinsic risk factors definition
internal environment of the athlete
extrinsic risk factors definition
external
non-modifiable intrinsic risk factors
age, sex, previous injuries, innate intelligence, innate creativity
modifiable intrinsic risk factors
motivation, discipline, skill level, previous sports experience, risk taking behaviours
strength, endurance, joint stability, balance, agility, speed, accuracy, maturation, postural alignment, timing, rhythm, reaction time, steadiness, muscular tightness, coordination
modifiable extrinsic risk factors
environment - playing surface - crowds - officials - position played - competitive levels equipment
non- modifiable extrinsic risk factors
time of season weather time of day equipment opposition/dirty play
Collision sports (hockey, rugby and football) have higher risk for
fatalities, catastrophic neck injuries, severe muscoxluskeletal injuries
best way to manage risk
have an EAP
assumption of risk by players means
individual is made aware of inherent risks of participation and decides to participate
expressed in a written waiver, can be used in defence against an individuals negligence suit
what does “shared responsibility” of an athlete refer to?
what is the key point
they understand risks involved
they report injuries
they provide medical history
key point: player is full informed of risks of treatment/return to play/inherent risks
what is a tort
legal acts or omission against a person causing injury
what can courts do through a tort
what are the two main types
courts may impose damaged to fix the mistake for criminal charges may be laid
two types intentional unintentional (negligence is most common)
nonfeasance is
act of omission
fail to perform legal duty resulting in injury
malfeasance is
act of commission
performs action that is not his/her to legally perform resulting in hard
misfeasance is
performance action incorrectly that he/she has the legal right to perform, resulting harm
negligence is
fails to use reasonable care that others with you level of training would in similar circumstances
areas of potential negligence
supervision, instruction, unsafe faciliteis, defective facilities, transportation
what are the standards of reasonable care
assumes that a person is of ordinary and reasonable prudence
bring common sense to approach the situation
must operate within the appropriate limitation of ones educational background and training
four ways of establishing negligence
- duty of care: your conduct resulted in an unreasonable risk fo harm to the athlete/student /individual
- defendant breached this duty by conduct that feel short of the standard of care
defendant - defendant caused injury to occur
- personal, property, or punted damages results
two simple ways you will be found negligent
- breaching duty of care
- failure to recommend removal of athlete from play
ways to avoid negligence
- fulfill duty of care and contractual obligations
- establish and follow the EAP
- communicate
- be familiar with athletes medical histories
- maintain adequate records and documents
- maintain confidentiality and obtain consent
- refer
- know your limitations
- follow physician orders regarding athlete participation
- never advise an athlete to play injured or complete to them partake
- utilizes safe equipment and warn against potential hazards
- USE COMMON SENSE
Good Samaritan Act’s
no liability for emergency aid unless gross negligence
a person who aids an ill, injured, or unconscious person at an emergent scene is not liable for damages for injury or death of that person caused by persons act or omission of aid unless grossly negligent
who does the Good Samaritan act NOT apply to
those employed to provide care whether paid or volunteer
consent
first aid treatment should ever be initiated without individual consent
ensure the athlete wants treatment
explain treatment you are going to provide
they accept your authority and your recommendations
legal consent may only be granted to persons what age and older other who must give consent
19, otherwise parental consent
explicit consent is
athlete comes to you for assistance or they agree to first aid
informed
you must explained all risks and benefits of the treatment/assessment before you begin
implied consent means
individual is not capable of giving explicit, but requires it because of emergency
unconscious non-responsive individual
it is used to save a life
sexual assault/harassment what is it
any action or intent which is perceived as infringement and makes them uncomfortable
situations to avoid
any that may be perceived as inappropriate i.e. treating people alone, keep appropriately draped
