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Chapter 2
Legal Issues
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Legal Considerations
• Standard of care
– Reasonable person standard of care
• Minimum standard requiring individuals to act as a
reasonably prudent person
– Professional standard of care
• Requires an individual to use the knowledge, skills,
and abilities that conform to the standard of care
for their particular specialization
• Established by professional organizations
Copyright © 2011 Wolters Kluwer Health | Lippincott Williams & Wilkins
Legal Considerations (cont’d)
• Standard of Care (cont’d)
– Coach does not want to put oneself in a position of
being held to the standard of care of an athletic
trainer or physician
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Legal Considerations (cont’d)
• Duty of care
– Legal obligation to provide professional standard of
care to protect individuals under their care or
supervision from unreasonable risks that could
potentially be harmful
– Coach (potential responsibilities)
• Teach proper techniques
• Ensure a safe environment
• Take proper actions when an injury is sustained
Copyright © 2011 Wolters Kluwer Health | Lippincott Williams & Wilkins
Legal Considerations (cont’d)
• Negligence
– Tort
• Civil wrong for which $$$$$ are awarded
• Can be attributed to negligence
– Can be result of an action or lack of action by
someone with duty of care
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Legal Considerations (cont’d)
• Negligence (cont’d)
– Negligent torts
• Nonfeasance – failure to perform a legal duty
• Malfeasance – commit an act not their
responsibility to perform
• Misfeasance – commits an act which is their
responsibility, but does so incorrectly
Copyright © 2011 Wolters Kluwer Health | Lippincott Williams & Wilkins
Legal Considerations (cont’d)
• Negligence (cont.)
– Must prove 4 elements
• A duty of care
• A breach of that duty
• Harm (e.g., pain and suffering, permanent
disability, or loss of wages)
• Resulting harm was a direct cause of the
breach of duty
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Reducing Litigation
• Clearance for participation
– PPE
• Performed by a licensed physician
• Obtain information on
• General health maturity and fitness
• Preexisting conditions that could be
predisposition to injury or illness
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Reducing Litigation (cont’d)
• Clearance for participation (cont’d)
– PPE (cont’d)
• Focus is dependent on the age group
• Determine level of participation based on
• Conditions identified in exam
• Physical demands of the physical activity
Copyright © 2011 Wolters Kluwer Health | Lippincott Williams & Wilkins
Reducing Litigation (cont’d)
• Clearance for participation (cont’d)
– Mechanism for return to activity following injury
or illness
• Final authority – physician vs. other health
care provider
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Reducing Litigation (cont’d)
• Assumption of risk
– Must inform potential participants of the risks for
injury during sport and physical activity
participation
– Participants and parents of minor children
should
• Understand that risk for injury exists
• Appreciate the nature of the risk
• Voluntarily accept the risk
Copyright © 2011 Wolters Kluwer Health | Lippincott Williams & Wilkins
Reducing Litigation (cont’d)
• Assumption of risk (cont’d)
– Understanding the risk is determined by the
participant's age, experience, and knowledge of
information about the risk
– Does not exempt coach from liability
• Has a duty of care
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Reducing Litigation (cont’d)
• Exculpatory waiver
– Contract that releases the professional from any
liability to the individual executing the release
– Validity varies with state law
• Obtain assistance from legal professionals in
developing waiver
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Reducing Litigation (cont’d)
• Informed consent
– Injured party has been reasonably informed of
needed treatment for the services that a coach may
need to perform, possible alternative treatments,
and advantages and disadvantages of each course of
action
– Failure to obtain could result in battery
• Unpermitted or intentional contact without
individual's consent
• Right to refuse treatment
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Reducing Litigation (cont’d)
• Confidentiality
– Coach – duty of care to protect the constitutional
rights of participants by ensuring confidentiality
regarding medical information
– Participant is entitled to access their medical records
or make them available to other parties
• Require written authorization to release
– HIPAA
• Includes laws intended to protect the privacy of
patients
Copyright © 2011 Wolters Kluwer Health | Lippincott Williams & Wilkins
Reducing Litigation (cont’d)
• Foreseeability of harm
– Coach – duty of care to recognize the potential
for injury and remove that danger before an
injury occurs
– Danger is or should have been apparent,
resulting in unsafe condition
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Reducing Litigation (cont’d)
• Instruction and supervision
– Skill technique, performance tactics, and rules
be taught and continually reinforced by coaches
– Present information in developmentally and
instructionally appropriate format
– Active monitoring not passive observation
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Reducing Litigation (cont’d)
• Product liability
– Implied warranty
• Manufacturers duty of care to design,
manufacture, and package equipment that will
not cause injury when used as intended
– Expressed warranty
• Written guarantee that the product is safe for
use
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Reducing Litigation (cont’d)
• Product Liability (cont’d)
– Altering/modifying equipment can negate the
manufacture’s liability
– Coach – properly supervise fitting and use of
protective equipment
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Reducing Litigation (cont’d)
• Good Samaritan Laws
– Vary by state
– Immunity generally applies when the emergency first
aider
• Acts during an emergency
• Acts in good faith to help the victim
• Acts without expected compensation, and
• Is not guilty of any malicious misconduct or gross
negligence toward the injury party
Copyright © 2011 Wolters Kluwer Health | Lippincott Williams & Wilkins
Reducing Litigation (cont’d)
• Risk Management
– Coach – duty of care includes reducing risk of
injury
– Not the sole responsibility of the coach
• Institution must develop policies and
procedures pertaining to health care of
participants
• Standing committee to coordinate and oversee
a risk management program
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Check for Understanding!
If a coach diagnoses an injury, the coach has:
A. Provided an appropriate professional standard of care
B. Performed their duty of care
C. Committed an action that could result in negligence
D. Committed a tort
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Check for Understanding!
Which of the following is an example of misfeasance?
A. A personal trainer conducts a pre-activity screening, but fails
to perform the screening consistent with professional
guidelines.
B. A personal trainer suspects that a client has sustained a lower
leg fracture due to the visible angulation of the involved
bones. The trainer manages the injury by straightening the
leg and immobilizing it in a splint.
C. A personal trainer encourages a client to continue limited
physical activity, knowing a doctor has told the client to
refrain from activity.
D. A personal trainer fails to report that a piece of equipment is
not safe and should be removed from use.
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Check for Understanding!
Manufacturers of athletic equipment have a duty to provide
equipment that will not cause injury when used for its
intended purpose. This is termed:
A. Expressed warranty
B. Implied warranty
C. Strict liability
D. Product of safety standard
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Check for Understanding!
A wrong done by an individual whereby the injured party
seeks a remedy for damages is called a(n):
A. Act of commission
B. Act of omission
C. Tort
D. Gross negligence
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Check for Understanding!
Informed consent is only required in treatment of minors.
A. True
B. False
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