Legal Terms Flashcards
Negligence
Failure to act as a reasonably prudent athletic trainer would act under the circumstances.
Standard of Reasonable Care
assumes that an individual is neither exceptionally skillful nor extraordinarily
cautious, but is a person of reasonable and ordinary prudence .
What is a Tort.
a legal wrong, other than breach of contract, for which a remedy will be provided, usually in the form of monetary damages
3 Types of Tort
Intentional.
Negligent.
Strict Liability.
3 Types of Negligence.
- Nonfeasance / Act of omission
- Malfeasance/ Act of commission
- Misfeasance
Sovereign Immunity
states that neither the government nor any individual who is employed by the government can be held liable for negligence
Good Samaritan Law
provides limited protection against legal liability to any person who voluntarily chooses to provide first aid
5 Components to prove negligence.
- Conduct
- Existence of Duty
- Breach of Duty
- Causation
- Damge
Statue of limitations
sets a specific length of time that individuals may sue for damages from negligence (1-3 years to apply for negligence.)
Assumption of Risk
Injured Plaintiff understood the risk of an activity and freely chose to undertake the activity regardless of the hazards associated with it.
2 Conditions for assumption of risk
- Athlete must “fully appreciate” the type of magnitude of risk involved in participating in activity.
- Athlete must “knowingly, voluntarily, and unequivocally” choose to participate in the face of risk
What is Medical Insurance.
A contract between policy holder and insurance company to reimburse a percentage of the cost of the policyholder’s bills.
What is Health Insurance
More comprehensive, reimburses cost of preventative as well as corrective medical care.
What is a Policy
Contract between an insurance company and individual or organization.
What are Exclusions
Situations or circumstances specifically not covered by an insurance company.
What are Riders
Additions to standard insurance policy that provide coverage for conditions that are not normally covered.
What is a Premium
Invoiced cost of the insurance policy.
What is a Deductable
Portion of any claim that is not covered by the insurance provider, the amount of expenses that must be paid out of pocket before an insurer will cover any expenses.
What is a Copay
Capped contribution defined in the policy and paid by the insured person each time a medical service is accessed. It must be paid before any policy benefit is payable to an insurance company.
