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Think it Through Sixteen-year-old Johnny was participating in a regular basketball practice with the rest of his team when Johnny slipped in a puddle of water during horseplay with another player and hit his head. This blow to his head caused Johnny to lose consciousness. As a result of this injury, he was taken to the emergency room and hospitalized for 24 hours. At the time of the injury, the coach was answering a telephone call in the physical education office, and therefore was not directly supervising the practice. Was the coach negligent in his responsibility to supervise the team’s practice?
Chapter 4 Ethical and Legal Considerations
Concepts for Understanding Ethical and Legal Considerations • Liability – being legally responsible • Assumption of risk – aware of dangers • Risk management – planning for risk • Negligence – failure to act
Ethical and Legal Concepts • Standard of care – level of competency; “reasonable and prudent manner” • Malfeasance – hostile action • Misfeasance – take inappropriate action • Nonfeasance – to ignore and take no action
Ethical and Legal Concepts • Gross negligence – failure to act under the standard of care • Malpractice – liability generating conduct • Ethics – set characteristics • Tort - harm • Litigation - lawsuit
Ethical and Legal Concepts • Battery – offensive touching or force without consent • Code of Ethics – commitment to adhere to a standard of behavior
Think it Through Stacy, Ridgecrest High School’s overworked athletic trainer, had always felt it was too much work and that it was not her responsibility to give the coaches the medical information records for away games. She thought the coaches, especially Coach Bordner, would lose them, and then if she needed them for home games she wouldn’t have the information to get the athletes the proper treatment.
Megan, a defender for Ridgecrest’s varsity girls soccer, suffered an open compound fracture of both the tibia and fibula in the second period, when she was kicked in the shin by an opposing player. Coach Bordner knew this was serious as soon as he rushed to Megan’s side.
He started to activate the Emergency Action Plan for away games only to realize that he had no emergency medical records at all. When the EMS arrived Coach Bordner was given a choice of two local hospitals to which to take Megan. He asked the head athletic trainer from the home team for his suggestion, and Megan was off to General Hospital.
The hospital was not able to make immediate contact with the parents because of the lack of an emergency record. Knowing that Megan needed immediate medical treatment, Coach Bordner said he would act as the guardian and authorized treatment. The surgery required pins, screws, and plates to put Megan’s leg back together.
Megan’s parents finally arrived at the hospital and were very happy with the way Coach Bordner handled the situation, except for one thing. The hospital that Megan was brought to was not part of her health maintenance organization. Megan’s parents would have to pay for all the services out of their own pocket.
Megan’s parents had supplied all the information on the emergency medical record at the beginning of the season and had the right to sue for damages. They filed a lawsuit against Stacy and the school.
Is it Stacy’s job to make sure the coach had the medical information records?
Other than just giving the information records to the coach, what else could Stacy have done to make sure the coach had the necessary information and maintained her files at the same time?
What are some possible outcomes of the trial? Is Stacy guilty of negligence? Why or why not?
School District AthleticPhilosophy and Regulations • Code of Ethics • Athletic regulations • Training rules and standards scholastic eligibility • Citizenship
School District Athletic Philosophy and Regulations • Team try-outs • Dismissal from a team • Quitting the team • Travel regulations • Outside competition • Participation in other school activities
Liability Insurance • Most employers carry liability insurance on employees who are working for them • When an athletic trainer works outside of the job • Trainer should carry additional liability insurance in case of a lawsuit
Reducing the Potential for Litigation • Inadequate supervision of the athlete or client • Inadequate training of the athlete or client • Improper or inadequate medical treatment by one or more members of the sports medicine team
Reducing the Potential for Litigation • Faulty equipment or facilities • Sexual harassment, discrimination, or other inappropriate behavior by one or more members of the sports staff
Protect Oneself from Litigation • Do not allow a client or athlete to begin any program without obtaining a signed informed consent and liability release • Agree upon fees and put them in writing before the start of services
Protect Oneself from Litigation • Make sure adequate facilities are available for both men and women athletes • If possible, avoid being alone in a room with an athlete or client to avoid the suggestion of inappropriate behavior
Protect Oneself from Litigation • Keep detailed notes about all professional activities and those of the team • Develop an emergency action plan for every sport
Protect Oneself from Litigation • Become familiar with the products and supplies used • Read all dealer’s or manufacturer’s warnings and disclaimers • Make sure athletes or clients are aware of them
Protect Oneself from Litigation • Consider all sports involved in the athletic program • Not just the ones that are conducted on a court or field • Follow appropriate procedures on all injury assessments
Protect Oneself from Litigation • Assure supervision of all athletes during treatment • Whether in the clinic or on the sidelines • Make sure staff are aware of any health problems of the athlete • Make sure coaches are up-to-date on all training techniques
Protect Oneself from Litigation • Conduct pre- and postseason reviews of past years and seasons, learning from both positive and negative events • Create a daily approach to safety
Protect Oneself from Litigation • Make a daily checklist for key items of concern • Know your limitations • Be aware of changes in standards of care and any other changes that affect the field of work
Safety Committee • Diverse group of individuals • To identify potential safety concerns for the athletic program • Assure implementation of approved safety measures
Think it Through In a New Jersey trial decision, a track athlete was recruited to play football. He had never played organized football before. He was recruited primarily because of his speed and was to be used as a receiver. Unfortunately, he was severely injured while tackling an opposing player after an interception.
The athlete sued, contending that the injury was the result of insufficient training, conditioning, and supervision. Investigation showed that he had received only one practice session on tackling.
Expert testimony stated that tackling can be an extremely dangerous skill and that proper technique and instruction is paramount to avoiding injury. The jury found the head coach to be 40% negligent and the line coach to be 60% negligent and awarded the plaintiff $6.5 million.
The jury emphasized that the injured athlete was a senior who had trained primarily in track and did not receive adequate training and instruction in football. In addition, the jury believed that the attitude of the coaching staff indicated the emphasis was on winning and not on safety.
