Legalities in Field Care - Basic Principles

A legal document that outlines rules for collecting, using, and disclosing personal health information. It aims to protect individual privacy while facilitating healthcare.

An individual or organization responsible for collecting, using, or disclosing personal health information. They are obligated to follow PHIPA regulations.

A process that allows individuals to make autonomous decisions about their own medical treatment. It ensures they understand the procedure, potential risks, and alternatives.

A legal document that specifies rules for obtaining consent in Ontario. It gives individuals the right to make decisions about their own health.

The act of physically touching an individual without their informed consent. This constitutes a violation of their bodily autonomy.

The right of an individual to decide what happens to their own body. This includes accepting or refusing medical treatment.

Open and honest communication between healthcare providers and patients about treatment options, risks, and alternatives. This helps build trust and ensure informed decision-making.

A proactive approach to minimize legal risk by ensuring consent is obtained correctly and documented. This helps protect both patients and healthcare providers.

An Athletic Therapist has a legal obligation to provide care to an injured athlete when they are acting within their scope of practice and are being compensated for their services.

This principle requires an Athletic Therapist to obtain permission from an athlete before providing treatment or accessing personal or medical information.

A legal document that outlines the purpose and procedures for collecting, using, and disclosing personal information. It applies to the entire private sector and requires consent for information usage.

A legal document specifically designed to protect an individual's health information in Ontario. It covers mental and physical health, services, tests, and examinations.

The legal framework that governs the collection, use, and disclosure of health information. It emphasizes the importance of consent for all health-related information.

It's the act of failing to provide reasonable care that results in harm to an athlete. It can be a grounds for legal action.

This principle assumes that individuals are capable of making decisions about their healthcare until proven otherwise. This includes children, as the age of majority doesn't always equate to being ready for medical decisions.

This act focuses on the person's capacity to understand and make choices about healthcare. It's less about age and more about their ability to comprehend the situation.

This refers to the person's intellectual ability to make informed decisions about their treatment. It's not a general assessment of their overall mental state, but specifically related to their ability to comprehend medical choices.

This is about providing clear, understandable information about the treatment. Think of it as giving the person the tools they need to make a well-informed decision.

Consent must be specific to the proposed treatment. A general consent signed earlier might not be enough. This applies to any medical procedure, from a checkup to surgery.

The information should be presented in simple language tailored to the individual's understanding. They should be given the chance to ask questions before making their decision.

The decision to consent must be made freely, without pressure or coercion. This means the individual must not be influenced or forced into a choice.

Any action taken for therapeutic or preventative reasons, including diagnosis, treatment, or even cosmetic procedures, requires informed consent.

A professional must always be objective and unbiased when presenting information to a client. It is unethical to selectively present information only favoring a specific decision, even if the professional believes it to be in the client's best interest. All treatment alternatives must be presented in a neutral and impartial manner.

A signed consent form is NOT sufficient evidence of a proper informed consent process. Additional specific, brief notes should be created for each client detailing the consent discussion. This documentation should be updated as treatment plans evolve and reflect any changes in medical treatment. Documentation of refusal or withdrawal of consent is crucial as well.

Failing to meet the expected standard of care within the athletic therapy profession. This can involve either performing an inappropriate action or failing to take necessary action. To prove negligence, four elements must be present: 1. Duty of care: the athletic therapist has a responsibility to provide care to the athlete. 2. Breach of duty: the athletic therapist failed to meet the standard of care required. 3. Cause of harm: the therapist's actions or inaction directly led to the athlete's injury or harm. 4. Damage caused: the athlete suffered demonstrable harm or injury.

Athletic therapists must safeguard the privacy of an athlete's personal health information. Information should be stored in secure locations and access should be restricted. Using codes instead of names helps further protect confidentiality.

Athletic therapists are obligated to maintain thorough and detailed records of their actions during treatment. These records serve as legal documentation in case of legal disputes. They should be created promptly after the event and reflect all observations, actions, and communication related to the athlete.

Athletic therapists need to have proper liability insurance to cover potential claims against them. Sheridan College provides insurance for students during approved placements, but it's crucial to confirm coverage before providing treatment and ensure adequate protection.

Staying within one's area of expertise, obtaining informed consent, adhering to established procedures, and practicing common sense are crucial steps in minimizing legal risks in athletic therapy. Maintaining confidentiality and accurate, timely documentation also play vital roles.

While lawsuits against athletic therapists are uncommon, it's essential to remain accountable for actions. Ethical and legal standards must be adhered to in order to protect the best interests of athletes and mitigate the risk of legal action.