Chapter 3: The Law of Sports Injury
Worksheet #1
Using your textbook, pgs.34-39, answer the following questions. You will see that the text refers to the coach quite often in this section. Please remember that anything that YOU do as a first responder in the coach's place puts you in the same situation.
- Inappropriate decisions and actions may ______and lead to ______.
- A study of high school coaches found what 2 findings?
- Describe the reasons Appenzeller (2000) found as why there has been an increase in lawsuits.
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2.
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6.
- They also describe some other factors such as:
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5.
- What is tort?
- In dealing with sports injury, who are some people that can be named in tort claims?
- What do tort claims generally try to gain?
- How are tort claims won?
- What is negligence and how can it be considered tort?
- What are the two types of negligence?
- Describe the example of negligence by act of commission outlined in the text. How is this negligence by commission?
- Using the same example, how could the coach also be named negligent in an act of omission in the same situation?
- How could the coach avoid being named in either case?(not in the text, think...)
- Why are tort claims against schools a particular concern?
- Why do these cases usually name multiple defendants?
- In order to prove negligence, four elements must be present. Identify and define those elements.
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2.
3.
4.
- How are negligence cases usually defended? Identify and describe the defense.
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- Describe the doctrine of sovereign immunity.
- Does this doctrine always apply to those working in schools or universities?
- What can help protect school employees and representatives from litigation in these cases?
- Identify the 7 potential actions for which a coach (or any provider of first aid care as a first responder) may be found negligent. Although these pertain to coaches...how can each one pertain to student trainers in the training room and/or on the field/court during games?
Negligent Action / Description / How can it apply to you?
- Today's coach (or other first responder) must be constantly aware of ______to athletes and must take ______.
- What is the Good Samaritan Law? Who does it protect?
- Does the Good Samaritan Law protect coaches and other school personnel?
- Below are the 9 steps a coach can implement to reduce their chance of being sued. Describe how each can be effective at reducing risk of litigation.
1. Written Contract
2. Certification in CPR/AED.
3. Emergency Plan.
4. Parental consent.
5. Mandatory PPE. Be sure to include: Who can provide a PPE? What should it include, but often doesn't?
6. Documentation. Be sure to include: What is HIPAA, what does it say?
7. Attendance at seminars/classes.
8. Periodic inspection of facilities/equipment.
9. Development/maintenance of lines of communication.
- If you are named in a lawsuit, how can you best protect yourself?
- What is the ultimate priority in sports?
- How/why is this ideal different from what actually occurs?
- After an injury, who is the only one who should clear an athlete for play?
- How has regulation of those allowed to practice sports medicine changed? Is it the same in all states?