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Legal Liability

Legal Liability. Standards of Practice & Ethics. Today’s Topics. Standards of practice NATA Code of Ethics Liability Tort law Determining negligence Defenses to negligence & liability Scope of practice (regulatory laws). Video. Standards of Practice.

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Legal Liability

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  1. Legal Liability Standards of Practice & Ethics

  2. Today’s Topics • Standards of practice • NATA Code of Ethics • Liability • Tort law • Determining negligence • Defenses to negligence & liability • Scope of practice (regulatory laws)

  3. Video

  4. Standards of Practice • Criteria of performance measurement • Direction of physician • Uses preventive care • Provides immediate care • Evaluates prior to treatment • Administers txt, rehabilitation & reconditioning programs • Collaborates with MD on discontinuation • All services documented

  5. NATA Code of EthicsStandards of conduct & integrity 1. Respect the rights, welfare & dignity of all individuals 2. Comply with laws & regulations governing practice of AT 3. Accept responsibility for the exercise of sound judgment 4. Maintain & promote high standards in provision of services 5. Shall not engage in form of conduct that constitutes a conflict of interest or that adversely reflects on the profession

  6. Liability • Definition “…state of being legally responsible for the harm one causes another person..” “…to perform an act in a reasonable and prudent manner..”

  7. Liability • Athletic Trainer “duty to prevent further injury/harm to injured party during treatment and rehabilitation”

  8. Liability • Institution “duty to provide reasonable medical assistance to injured participants (or spectators) ASAP under the circumstances”

  9. Tort Law • Tort: “..civil wrong for which the court will award damages..” 1. Based on the concept of fault 2. Law prohibits careless actions

  10. Tort Law • Intentional torts 1. Assault 2. Battery 3. False imprisonment 4. Defamation of character 5. Fraud 6. Invasion of privacy

  11. Tort Law • Unintentional torts Negligence 1. Malfeasance 2. Misfeasance 3. Nonfeasance 4. Malpractice

  12. Determining Negligence • Does the defendant have a duty to provide care? • Was the duty breached? • Did injury (harm) result? • Did the negligence cause the injury (harm)?

  13. Litigation Actions… • Warn of sport risks • Treat w/o consent • Provide safe facilities • Dangerous situations • Allowing injured to play • Unsafe equipment • Immediate referral to MD • Moving w/o immobilization • Employing unqualified personnel • No written emergency plan • Recognize injury • Keep adequate records

  14. Determining Negligence • Supervisors can be found guilty of negligence because of actions of employees 1. Respondent superior or vicarious liability 2. Actions of employees/ failure to supervise 3. Outreach positions

  15. Defenses to Negligence • Contributory negligence • Comparative negligence • Assumption of risk • Immunity 1. Sovereign immunity 2. Charitable immunity

  16. Defenses against liability • Stay current • Ask questions of colleagues & MDs • Maintain precise written records 1. Treatments & rehabilitation 2. Professional advice 3. Communications • Carry liability insurance

  17. Scope of Practice • National certification vs state regulatory laws • Category of regulatory laws 1. Licensure: protects practice 2. Certification: met minimum requirements 3. Registration: protects title 4. Exemption

  18. Next time... • Diagnostic imaging

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