Legal Liability & Risk Management Flashcards
What is risk?
Risk is the potential of something happening that will have an impact
- measured in liklihood and consequences
true or false; risk can be perceived as both negative and as an opportunity
True
modifiable intrinsic risk factor
endurance agility strength reaction time skill level mood? mental state? motivation
non-modifiable intrinsic risk factors
sex age innate health and fitness innate creativity previous injuries
modifiable extrinsic risk factors
equipment
environment (position played, playing time, crowd control, etc)
competitive level
define extrinsic factors
- exposure to an injury situation
- potential hazards and unique risks of the sports
- amount of practice and training
non-modifiable extrinsic risk factors
- time of season
- weather conditions
- time of day
- opposition aggression / dirty play
true or false; collision sports do not have a higher risk for fatalities, catastrophic neck injuries, or severe MSK injuries. They are pretty much at equal risk as other sports
false; they are at higher risk
true or false; the only goes for risk management is to prevent harm
false; not only to prevent harm but to educate and promote good
true or false; a risk management plan is the full responsibility of the sports first aider despite what the coach says
false; a risk management plan should be a group efforts between
- parents
- coach and manager
- players
- referees
- medical staff
- facilities/field management
true or false; you do not have to inform that athletes of the risk of treatment/return to play as they should be aware of this themselves
false; they must be FULLY informed of risks of treatment and return to play
define tort
any instance of harmful behavior
what are the types of torts?
intentional
unintentional
Types of torts (4 points)
Nonfeasance
Malfeasance
Misfeasance
Negligence
Nonfeasance
fail to perform legal duty -> results in injury
Malfeasance
performs action that you shouldn’t do -> harm
Misfeasance
You did something you should have known to do incorrectly -> harm
Negligence
fails to use reasonable care
failing to refer someone is an example of
nonfeasance
performing advanced treatment leading to complications is an example of
malfeasance
As a sports aider, you tape someone’s thumb but you did it wrong and they got hurt. This is an example of ______
misfeasance
failure to use reasonable care is an example of
negligence
What are some areas of potential negligence?
Supervision - teachers standing on sidelines
Instruction - teaching how to hurt others
Unsafe facilities - exposed nails
Defective equipment - using old, outdated football gear
Transportation
true or false; if EMS tells you to do something and the person dies, you are negligent
false; if EMS tells you to do something, you are NOT negligent
What are the steps to establishing negligence?
- ) Duty of Care
- ) Breach
- ) Harm
- ) Causation
True or false; you did not recommend removal of athlete from play. This is an example of negligence
true
As a volunteer, you are not at risk of negligence
false; you signed a contract and therefore you are responsible
The legal responsibilities are described under the principles of _________ ______
Contractual Laws
The contract specifically outlines your roles and responsibilities, and most importantly, outlines your _______
limitations
Good Samaritan Act does not apply to _______
does not apply to individuals employed to provide care whether paid or volunteer
true or false; As a sports aider, you must explain what treatment you are going to provide
true
true or false; there are exceptions to when legal consent can be granted to those under the age of 19
true; like vaccination and birth control
true or false; the individual has the right to refuse and is not obligated to follow your recommendations
true
define explicit consent
athlete comes to you for assistance or they agree to first aid
define informed consent
you must explain ALL the risks and benefits of the treatment/assessment before you begin
define implied consent
individual is not capable of giving explicit consent, but requires it because of emergency (eg., unconscious or non-responsive individual)
define sexual assault/harassment
any action or intent which is perceived by the individual as an infringement and makes them feel uncomfortable
What is the most common tort
negligence
