Guest Lecture #3 - Legal Issues in Sports Medicine

What is the definition of when someone in doing anything shows wanton or reckless disregard for the lives or safety of other persons?

What is the definition of when a person commits an act without the consent of another person, applies force intentionally to that other person, directly or indirectly?

What is the definition for there being no other reasonable explanation that can come from the evidence presented at trial?

What 2 acts are considered as criminal?

What are the 3 broad kinds of sources of risk for athletic therapists?

What is the main activity that falls into quasi-criminal activity for athletic therapists?

What are the 3 activities that only regulated professions can do?

What are the 2 potential punishments for performing a quasi-criminal activity for Athletic Therapists?

Are athletic therapists a regulated profession under the HPA?

What is it called when if no person who is authorized under subsection is available to perform the restricted activity or a portion of it, a person may without expectation or hope or compensation or reward provide a restricted activity or a portion of it to provide physical comfort to or to stabilize another person who is ill, injured or unconscious as a result of an accident or other emergency?

What are the 3 civil liabilities for Athletic Therapists?

What are the 5 elements of negligence?

What is duty defined by?

What are the 8 main duties of an Athletic Therapist?

What is based on that which a reasonably prudent person would take in similar circumstances?

What 2 things does the standard of care not account for?

What standard will you be held to if you perform the functions of another profession, or claim to be a member of that profession?

What must a plaintiff show in order to succeed in a lawsuit claim, and what is the definition of this?

What are the pragmatic and flexible approaches to the "but for" test?

What document states that when when a person/ HCP is not liable for damages/ death in rendering the medical services or first aid assistance to another person, unless it is established that the injuries or death were caused by gross negligence?

Does vicarious liability absolve employee of negligence?

What is it called when employers are liable for the negligent acts of their employees?

What is the document that states when damage or loss has been caused by the fault of two or more persons, the court shall determine the degree in which each person was at fault?

What is the duty that is related to each one being expected to continue to look after their own interests after a breach or tort?

What is the definition of intentional unwanted touching?

Does battery require harm being caused by the touching?

Is a person liable for all of the consequences in battery?

What are the 4 elements of informed consent?

How is the duty of care reflected in informed consent?

What is the summary of the 5 elements of standard care of informed consent, and what are the 5 elements?

What element of informed consent involves asking the question "did the failure to disclose cause a reasonable person to consent to a procedure that a reasonable person in similar circumstances and fully informed of the material risks would have refused despite a doctor's recommendation?"

In regards to the harm/ damages element of informed consent, what would the total absence of patient consent amount to?

In regards to the harm/ damages element of informed consent, hat may inadequate consent constitute?

What is causation based on?

What are the 7 components of CATA/ AATA that have to do with legal concerns? (Acronym: ADOCCCS)

What are the 5 primary reasons why patients sue? (Acronym: TTUFD)

What are the 5 main ways to avoid lawsuits?