Name ______

Sports Medicine I—Legal Issues Guided Notes Page | 2

Liability: ______

Standard of Reasonable Care- assumes that an individual is a person of ______

Negligence-______

To establish negligence, one must demonstrate 4 things:

1.  ______- requirement to act toward others with watchfulness, attention, caution, and prudence

2.  ______

3.  ______

4.  ______

Tort-______

Nonfeasance- (act of omission) ______

______

Malfeasance- (act of commission) ______

______

Misfeasance- ______

______

A healthcare professional can be sued for negligence when:

1-  ______

______

2-  ______

______

Plaintiff must prove that

·  ______

·  ______

·  ______

______

Obligation to treat

·  Once the athletic trainer (or other healthcare professional) assumes the duty of caring for an athlete, the AT is obligated to make sure that ______

·  The AT, is NOT obligated to provide care for an injured person ______

·  If they choose to become involved as a caregiver for an injured person, they are expected to ______

Good Samaritan Law

·  Provides ______against legal liability to any individual who ______chooses to provide first aid, should something go wrong

o  ______

o  ______

·  If you have more professional training, you are expected to provide a ______

·  Person will be judged in terms of his/her performance and the training they have

Statutes of Limitations

·  Sets a specific length of time in which a suit can be brought against an individuals

·  Varies from state to state

·  Tends to be ______

·  Clock starts either ______or when claimant turns 18

Assumption of Risk

·  An athlete assumes the risk of participation in an activity when he or she ______of that activity and ______chooses to be exposed to those dangers

·  Written waiver or implied from the conduct of the athlete

·  Subject to many interpretations, especially in the case of minors. They are not considered able to render a mature judgment about the risks of a situation.

Patient Confidentiality

What is it?

Why is it important?

HIPAA / FERPA