Bellwork

1. Bellwork • Get Unit 3: Legal Concerns & Insurance Issues Book Chapter Outline

2. Categorize the essential insurance requirements for the protection of the patient • The state of being legally responsible for the harm one causes another person • Legal wrongs committed against a person • Provides limited protection against legal liability to any individual who voluntarily chooses to provide first aid • Torts • Nonfeasance • Malfeasance • Misfeasance

3. HMO, PPO, POS, EPO, PHO, TPA, Medicare, Medicade, Workers Compensation, Indemnity Plan, Capitation • A provision in an insurance policy requiring the policyholder to pay a specific percentage of each medical claim • The amount owed by the insured on a yearly basis before the insurance company will begin to pay for services rendered • A periodic payment made to an insurance company by an individual policy • Description of Billing Codes used by Athletic Trainers

4. Objective • Topic: Legal Concerns & Insurance Issues • Do: Describe parts of negligence & Create a scenario on negligence • L.O.T: Creating

5. Chapter 3: Legal Concerns and Insurance Issues

6. Legal Concerns for the Athletic Trainer • Lawsuits have become the rule rather than the exception • Athletic trainers are held accountable for their patient care • What they do and don’t do

7. New Vocab Word • Receive a new unit vocabulary sheet

8. Liability • Definition • The state of being legally responsible for the harm one causes another person

9. Liability • Uses/ Elaboration: • Athletic Trainers are liable for their actions- can be sued

10. Liability

11. Negligence • Definition • The failure to use ordinary or reasonable care

12. Negligence • Uses/ Elaboration: • Care that persons would normally do to avoid injury to themselves or others • Commonsense approach to the situation • Operate within limits of educational background/ license

13. Negligence

14. Duty of Care • Definition • Part of the official job description

15. Duty of Care • Uses/ Elaboration: • What the person is suppose to do

16. Duty of Care

17. To Prove Negligence • Duty to Care • Breach of duty (Conduct fell short) • Damages (Injury/ $)

18. Think, Pair, Share • Think of a person/ entity in sports (coach, athletic director, ATC, team doctor, school) and create a scenario on how they could get sued for negligence • Need to show: • Duty to Care • Breach of Duty • Damages

19. Bellwork • What are the 3 things one must prove in order to successfully sue for negligence? • Duty to Care • Beach of Duty • Damages

20. Objective • Topic: Torts (Legal Wrongs) & Legal Protection • Do: Examine & Analyze if there is a Tort • L.O.T.: Analyzing

21. New Vocab Word • Get out your vocab sheet

22. Torts • Definition: • Legal wrongs committed against a person or property of another

23. Torts • Uses/ Elaborations: • Doing something wrong intentionally or by negligence • Torts serve as a deterrent as stating what is acceptable

24. Torts

25. Nonfeasance • Definition: • When an individual fails to perform a legal duty

26. Nonfeasance • Uses/ Elaboration: • Also known act of omission • They do not do something they are suppose to do

27. Nonfeasance

28. Malfeasance • Definition: • An individual commits an act that is not legally his to perform

29. Malfeasance • Uses/ Elaboration: • Act of commission • Doing something outside of their duty

30. Malfeasance

31. Misfeasance • Definition: • An individual improperly does something he or she has the legal right to do

32. Misfeasance • Uses/ Elaboration • Does something wrong they have the legal right to do and there are damages

33. Misfeasance

34. Proving Negligence • Negligence suit to be successful • Prove the athletic trainer had a duty to exercise reasonable care • The athletic trainer breached that duty • Connection between the failure to use reasonable care and the injury

35. Other Legal Aspects • Individual with higher level of training will possess higher level of competence • Doctor vs. Athletic Trainer vs. Coach • Once an individual assumes duty of care for athlete that person has an obligation to provide appropriate care

36. Legal Protection* New Vocab • Sovereign Immunity • Good Samaritan Law

37. New Vocab Word • Get out your vocab sheet

38. Sovereign Immunity • Definition: • Neither the government nor any individual who is employed by the government can be held liable for negligence

39. Sovereign Immunity • Uses/ Elaboration: • Employed by a public school or state funded college/ university • Varies from state to state

40. Sovereign Immunity

41. Good Samaritan Law • Definition: • Provides limited protection against legal liability to any person who voluntarily chooses to provide first aid

42. Good Samaritan Law • Uses/ Elaboration: • Acts within their education and gives reasonable care

43. Good Samaritan Law

44. Scenario- Baseball Lawsuit • Receive Baseball Lawsuit Scenario • Answer Yes, No & Why

45. Bellwork • Define in your own words: • Nonfeasance • Malfeasance • Misfeasance

46. Objective • Topic: Legal Protection & Case Studies • Do: Evaluate, Assess & Discuss Various Case Studies • L.O.T.: Evaluating

47. Statutes of Limitation • Length of time an individual can sue for negligence • Varies by state (usually 1-3 years) • Time the negligent act to the lawsuit or from the time injury is discovered following negligent act • Minors have generally have an extension

48. New Vocab Word • Get out your vocab sheet

49. Assumption of Risk • Definition: • The individual, through express or implied agreement, assumes that some risk or danger will be involved in the particular undertaking.

50. Assumption of Risk • Uses/ Elaboration: • A person takes his/ her own chances