Topic 2: Legal Concerns and Insurance Issues

Question 1

What is an act of malfeasance?

Answer 1

Starting to go beyond scope of practice as an athletic therapist

Question 2

What is liability?

Answer 2

State of being legally responsible for the harm one causes to another person

Question 3

What must an A.T. have for protection for liability

Answer 3

Liability insurance or malpractice insurance

Question 4

What is scope of practice?

Answer 4

Duties and responsibilities that A.T.’s are allowed to perform

Question 5

What is minimum standard of care?

Answer 5

Minimum reasonable care that is owed to an athlete

Question 6

Why do A.T. s have to follow the rules and guidelines of scope of practice and minimum standard of care?

Answer 6

To keep themselves and patients safe and aren’t negligent in any way

Question 7

When does negligence happen?

Answer 7

• Failure to use ordinary or reasonable care
• failure to perform legal duties
• AT practice would normally be tried under tort law

Question 8

What is torts?

Answer 8

Legal wrongs committed against a person (a civil wrong done to an individual)

Question 9

If an at does something incorrectly and that person has become injured in some way, what may the person do?

Answer 9

Sue the A.T. under tort law (different from criminal law)

Question 10

What can torts start from?

Answer 10

Nonfeasance (NOT acting): fail to perform legal duty lie, failure to refer to a professional who has the needed expertise).
Malfeasance (not allowed): performs action that is not his/hers to legally perform (ie. Perform advanced treatment leading to complications.)
Misfeasance (MIS acting): performs an action incorrectly that he/she has the legal right to do.
Gross negligence: total disregard for the safety of others
Vicarious negligence: if a staff member of yours performs an act of malfeasance

Question 11

Other lawsuit reasons:

Answer 11

• people are more aware of legal rights and less willing to accept incompetence
• publicity about large awards
• public is less hesitant to take complaints to court
• people assume insurance companies have an unending compacity to pay

Question 12

To prove negligence (to prove that something wrong occurred)

Answer 12

Must show that:
- a duty of care was owed to the athlete
- a breach of the standard care was committed
- an injury resulted
- the injury was a direct result of the breach of standard of care

ALL FOUR MUST BE PROVEN

Question 13

How to prove AGAINST negligence

Answer 13

Must show that:
- proper standard of care was taken and thus, no breach of duty
- injury was an unavoidable accident or “Act of God”
- Injured party involved in contributory negligence (person did something to contribute to their injury)
- athlete was aware of the assumption of risk

ONLY ONE MUST BE PROVEN

Question 14

What is assumption of risk?

Answer 14

• athlete is aware of inherent risks but decides to continue participating
• expressed in written waiver or implied from conduct of athlete
• can be used as defense against an individual’s negligence suit

Question 15

what is sovereign immunity?

Answer 15

• where neither government or government employees can be held accountable for negligence

Question 16

what is statue of limitations?

Answer 16

• a specific length and time that a person has to be able to sue for negligence

Question 17

what is contributory neglience?

Answer 17

where there is a relative degree of negligence. damages are essentially awarded on a proportionate basis. ex. a nurse is sued more than the hospital and if the patient is also responsible in any way, they are also assigned a percentage of negligence

Question 18

what is the good samaritan act?

Answer 18

• a law that exists to protect legal liability to a person who provides care if something goes wrong.
• protects a Canadian who voluntarily helps someone during an emergency and acts in good faith

Question 19

Legal factors to consider when dealing with liability issues

Answer 19

• informed consent
• confidentiality
• refusing help
• product liability

Question 20

what is informed consent?

Answer 20

• person has been educated on what they need and have been provided with options and have agreed upon a certain course of treatment (pros and cons were told).
• need to be obtained before any treatment

Question 21

what’s the difference between consent and informed consent?

Answer 21

consent: “im a first responder can i help you?”
informed consent: “Im a first responder, you are undergoing cardiac arrest may i give you CPR?”

Question 22

what’s exclusionary clause?

Answer 22

if an AT is treating an ankle, but patient has a previous spinal injury, AT can have patient sign a waiver saying AT is only responsible for ankle

Question 23

What is battery?

Answer 23

• a form of abuse where you put your hands on somebody without their informed consent
• trial would be under criminal law not tort law

Question 24

what is product liability?

Answer 24

• manufacturer has duty to create equipment that will not cause injury
• if equipment has a manufacturer written guarantee of safety and it causes injury, patient can sue manufacturer.
• misuse of equipment or alter of equipment (even a sticker) does not allow you to sue
• all equipment needs a CSA approval (Canadian Standards Association) which means it meets minimum safety standards

Question 25

How to prevent litigation

Answer 25

1. understand and complete your duty of care
2. understand the law in the province and country
3. act in an ethical manner
4. take steps to reduce risk of litigation

Question 26

Something that can reduce your risk of litigation

Answer 26

be nice!

Question 27

What is professional liability insurance?

Answer 27

• liability insurance covers against claims of negligence
• professionals must be fully protected, particularly in regards to negligence
• all ATs should carry and understand limits of coverage (if you’re working with Olympic athletes, this should probably be higher)

Question 28

Athletic therapists are _________ to their clients ____ and must _____ _______ insurance and understand the limits of __________

Answer 28

1. accountable
2. care
3. carry liability
4. coverage