Legal Liability & Risk Management

Question 1

What is risk?

Answer 1

Risk is the potential of something happening that will have an impact
- measured in liklihood and consequences

Question 2

true or false; risk can be perceived as both negative and as an opportunity

Answer 2

True

Question 3

modifiable intrinsic risk factor

Answer 3

endurance 
agility 
strength 
reaction time 
skill level 
mood? mental state?
motivation

Question 4

non-modifiable intrinsic risk factors

Answer 4

sex 
age 
innate health and fitness
innate creativity 
previous injuries

Question 5

modifiable extrinsic risk factors

Answer 5

equipment
environment (position played, playing time, crowd control, etc)
competitive level

Question 6

define extrinsic factors

Answer 6

• exposure to an injury situation
• potential hazards and unique risks of the sports
• amount of practice and training

Question 7

non-modifiable extrinsic risk factors

Answer 7

• time of season
• weather conditions
• time of day
• opposition aggression / dirty play

Question 8

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

Answer 8

false; they are at higher risk

Question 9

true or false; the only goes for risk management is to prevent harm

Answer 9

false; not only to prevent harm but to educate and promote good

Question 10

true or false; a risk management plan is the full responsibility of the sports first aider despite what the coach says

Answer 10

false; a risk management plan should be a group efforts between

• parents
• coach and manager
• players
• referees
• medical staff
• facilities/field management

Question 11

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

Answer 11

false; they must be FULLY informed of risks of treatment and return to play

Question 12

define tort

Answer 12

any instance of harmful behavior

Question 13

what are the types of torts?

Answer 13

intentional

unintentional

Question 14

Types of torts (4 points)

Answer 14

Nonfeasance
Malfeasance
Misfeasance
Negligence

Question 15

Nonfeasance

Answer 15

fail to perform legal duty -> results in injury

Question 16

Malfeasance

Answer 16

performs action that you shouldn’t do -> harm

Question 17

Misfeasance

Answer 17

You did something you should have known to do incorrectly -> harm

Question 18

Negligence

Answer 18

fails to use reasonable care

Question 19

failing to refer someone is an example of

Answer 19

nonfeasance

Question 20

performing advanced treatment leading to complications is an example of

Answer 20

malfeasance

Question 21

As a sports aider, you tape someone’s thumb but you did it wrong and they got hurt. This is an example of ______

Answer 21

misfeasance

Question 22

failure to use reasonable care is an example of

Answer 22

negligence

Question 23

What are some areas of potential negligence?

Answer 23

Supervision - teachers standing on sidelines
Instruction - teaching how to hurt others
Unsafe facilities - exposed nails
Defective equipment - using old, outdated football gear
Transportation

Question 24

true or false; if EMS tells you to do something and the person dies, you are negligent

Answer 24

false; if EMS tells you to do something, you are NOT negligent

Question 25

What are the steps to establishing negligence?

Answer 25

1. ) Duty of Care
2. ) Breach
3. ) Harm
4. ) Causation

Question 26

True or false; you did not recommend removal of athlete from play. This is an example of negligence

Answer 26

true

Question 27

As a volunteer, you are not at risk of negligence

Answer 27

false; you signed a contract and therefore you are responsible

Question 28

The legal responsibilities are described under the principles of _________ ______

Answer 28

Contractual Laws

Question 29

The contract specifically outlines your roles and responsibilities, and most importantly, outlines your _______

Answer 29

limitations

Question 30

Good Samaritan Act does not apply to _______

Answer 30

does not apply to individuals employed to provide care whether paid or volunteer

Question 31

true or false; As a sports aider, you must explain what treatment you are going to provide

Answer 31

true

Question 32

true or false; there are exceptions to when legal consent can be granted to those under the age of 19

Answer 32

true; like vaccination and birth control

Question 33

true or false; the individual has the right to refuse and is not obligated to follow your recommendations

Answer 33

true

Question 34

define explicit consent

Answer 34

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

Question 35

define informed consent

Answer 35

you must explain ALL the risks and benefits of the treatment/assessment before you begin

Question 36

define implied consent

Answer 36

individual is not capable of giving explicit consent, but requires it because of emergency (eg., unconscious or non-responsive individual)

Question 37

define sexual assault/harassment

Answer 37

any action or intent which is perceived by the individual as an infringement and makes them feel uncomfortable

Question 38

What is the most common tort

Answer 38

negligence