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Legal Issues and Terminology

Legal Issues and Terminology. Exercise Science/Sports Medicine S1O3abd. Risk Management in Athletics. Collision Contact Non-Contact Surfaces. http://www.sportsmanagementresources.com/library/risk-checklist. Legal Terminology .

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Legal Issues and Terminology

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  1. Legal Issues and Terminology Exercise Science/Sports Medicine S1O3abd

  2. Risk Management in Athletics • Collision • Contact • Non-Contact • Surfaces http://www.sportsmanagementresources.com/library/risk-checklist

  3. Legal Terminology • Assumption of Risk- Participants of sports except or “assume” that there are inherent risks to the sport or activity and are responsible for any sustained injury. (Baseball, golf, football, cross-country) • Battery- Intentional, unconsensual physical contact. Most athletes assume physcial contact on some level and therefore cannot be charged with battery unless the contact is outside the lines of fair play.

  4. Legal Terminology Cont. • Commission vs. Omission Omission is a “failure to act” which can mean “guilty act” in some circumstances. Commission is “committing and act” Causing harm purposely would be commission, while not preventing or assisting in something harmful is Omission. Failure to provide water is Omission. Treating an injury without license would be commission. • Failure to Warm- when a health professional does not outline the assumption of risk and/or require consent/liability forms.

  5. Legal Terminology Cont. • HIPAA-Health Information Portability and Accountability Act – Protection of Personal Health Information. This means no discussing of Information outside of the Sports Medicine Team. • Informed Consent- Patient’s written authorization to share information, usually for research purposes.

  6. Legal Terminology Cont. • Liability – when a healthcare professional is responsible for something happening. It is up to each professional to decrease liability as much as possible. (Insurance) • Malpractice- when a healthcare professional fails to follow generally accepted professional standards in which a person suffers harm or injury as a result.

  7. Legal Terminology Cont. • Negligence- When a person suffers harm or injury due to a healthcare professionals carelessness. (Duty of Care, Breach of Duty, Damage/Injury, Proximate Cause) • Standard of Care- the acceptable standard of services provided by healthcare professionals.

  8. Ways to Reduce Litigation • Be familiar with Athletes • Carry Liability Insurance • Continuing Education • Demonstrate appropriate Documentation (SOAP, Subjective, Objective, Assess, Plan) • Follow Physician orders and recommendations • Have an Emergency Action Plan. • Maintain adequate supervision • Good Rapport with the Sports Medicine Team

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