Legal Liability and Risk management

Question 1

what is risk

Answer 1

the potential of something happening that will have an impact
measured in likelihood and consequences

Question 2

intrinsic risk factors definition

Answer 2

internal environment of the athlete

Question 3

extrinsic risk factors definition

Answer 3

external

Question 4

non-modifiable intrinsic risk factors

Answer 4

age, sex, previous injuries, innate intelligence, innate creativity

Question 5

modifiable intrinsic risk factors

Answer 5

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

Question 6

modifiable extrinsic risk factors

Answer 6

environment
- playing surface 
- crowds
- officials 
- position played 
- competitive levels 
equipment

Question 7

non- modifiable extrinsic risk factors

Answer 7

time of season
weather 
time of day
equipment 
opposition/dirty play

Question 8

Collision sports (hockey, rugby and football) have higher risk for

Answer 8

fatalities, catastrophic neck injuries, severe muscoxluskeletal injuries

Question 9

best way to manage risk

Answer 9

have an EAP

Question 10

assumption of risk by players means

Answer 10

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

Question 11

what does “shared responsibility” of an athlete refer to?

what is the key point

Answer 11

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

Question 12

what is a tort

Answer 12

legal acts or omission against a person causing injury

Question 13

what can courts do through a tort

what are the two main types

Answer 13

courts may impose damaged to fix the mistake for criminal charges may be laid

two types
intentional 
unintentional (negligence is most common)

Question 14

nonfeasance is

Answer 14

act of omission

fail to perform legal duty resulting in injury

Question 15

malfeasance is

Answer 15

act of commission

performs action that is not his/her to legally perform resulting in hard

Question 16

misfeasance is

Answer 16

performance action incorrectly that he/she has the legal right to perform, resulting harm

Question 17

negligence is

Answer 17

fails to use reasonable care that others with you level of training would in similar circumstances

Question 18

areas of potential negligence

Answer 18

supervision, instruction, unsafe faciliteis, defective facilities, transportation

Question 19

what are the standards of reasonable care

Answer 19

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

Question 20

four ways of establishing negligence

Answer 20

1. duty of care: your conduct resulted in an unreasonable risk fo harm to the athlete/student /individual
2. defendant breached this duty by conduct that feel short of the standard of care
   defendant
3. defendant caused injury to occur
4. personal, property, or punted damages results

Question 21

two simple ways you will be found negligent

Answer 21

• breaching duty of care

- failure to recommend removal of athlete from play

Question 22

ways to avoid negligence

Answer 22

1. fulfill duty of care and contractual obligations
2. establish and follow the EAP
3. communicate
4. be familiar with athletes medical histories
5. maintain adequate records and documents
6. maintain confidentiality and obtain consent
7. refer
8. know your limitations
9. follow physician orders regarding athlete participation
10. never advise an athlete to play injured or complete to them partake
11. utilizes safe equipment and warn against potential hazards
12. USE COMMON SENSE

Question 23

Good Samaritan Act’s

Answer 23

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

Question 24

who does the Good Samaritan act NOT apply to

Answer 24

those employed to provide care whether paid or volunteer

Question 25

consent

Answer 25

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

Question 26

legal consent may only be granted to persons what age and older other who must give consent

Answer 26

19, otherwise parental consent

Question 27

explicit consent is

Answer 27

athlete comes to you for assistance or they agree to first aid

Question 28

informed

Answer 28

you must explained all risks and benefits of the treatment/assessment before you begin

Question 29

implied consent means

Answer 29

individual is not capable of giving explicit, but requires it because of emergency

unconscious non-responsive individual

it is used to save a life

Question 30

sexual assault/harassment what is it

Answer 30

any action or intent which is perceived as infringement and makes them uncomfortable

Question 31

situations to avoid

Answer 31

any that may be perceived as inappropriate i.e. treating people alone, keep appropriately draped