Legal Concerns & Issues in Athletic Therapy PDF

Topic\#2: Legal Concerns & Issues **Section 1:** Athletic Therapist cannot override a physicians instruction making the call to clear a player if they have not completed physical exam to participate in team activity. This can be due to underlying conditions that can be present. Liability: State o...

Topic\#2: Legal Concerns & Issues **Section 1:** Athletic Therapist cannot override a physicians instruction making the call to clear a player if they have not completed physical exam to participate in team activity. This can be due to underlying conditions that can be present. Liability: State of being legally responsible for the harm one causes to another person. Scope of Practice: Duties & responsibilities that you are allowed to perform. - Injured athlete has laceration; allowed to close wound with sterilized strips. - Not allowed to stitch; pierce skin Minimum Standard of Care: Minimum reasonable care that is owed to an athlete. - Head-to-head collision: assume spinal injury, rule out concussion. Failure to do so would be negligence. Negligence: - Failure to use ordinary reasonable care. - Failure to perform legal duties. - Therapist would be tried in Tort Law Tort Law: Torts: Legal wrong committed against / to another person. - affected individual would seek damages under Tort Law. Can start from: - Nonfeasance: Fail to perform legal duty of care. - Failure to refer client to another professional. - Ex. Monitoring concussed client, you allow them to go to change room alone and they pass out. Your responsible to monitor until cleared. - Malfeasance: Performs action that is not his / hers to legally perform (i.e., perform advanced treatment leading to complications) - Ex. You stitch an athlete who's cut their chin instead of going to hospital out of country. Cut is then infected. Stitching it outside of scope of practice. - Misfeasance: Performs an action incorrectly that he / she has legal right to do so. - Making a mistake essentially - Gross Negligence: Total disregard for safety of others. - Vicarious Negligence: - Ex. Owner of clinic that therapist performs ***Misfeasance*** Proof of Negligence Plaintiff would need to prove: 1. Duty of care was owed to athlete 2. Breach of standard of care 3. Injury resulted 4. injury was a direct result of breach of standard of care - **All 4 need to be proven** Defense against Negligence 1. Proper standard of care was taken, no breach of duty 2. Injury was unavoidable 3. Injured party involved in contributory negligence 4. Athlete was aware of assumption of risk 1. Ex. signing up for boxing knowing there's risk of head injury What is Assumption of Risk? - Athlete is aware of inherent risks but decides to continue participating - Written waiver or implied from conduct of athlete - Can be used as a defense against an individuals negligence However... - Doesn't excuse AT from giving reasonable care and conduct - Varied interpretations (w minors) - Waiver will stand in court except with fraud, misrepresentation or duress. Other Defenses against negligence - Sovereign Immunity - Statute of Limitations - specific time limit to sue a person for negligence. - Contributory Negligence - involved parties - Good Samaritan Law - Law that helps Canadians who - Voluntarily help someone during an emergency - Act in good faith - Act without expected compensation - Are not guilty of misconduct or gross negligence - Varies from province to province; don't have to have proper training to help someone in emergency situation and you are protected if you do so. - Other Legal Factors 1. Informed Consent: Injured party has been reasonably informed of needed treatment, possible alternatives, and advantages and disadvantages of actions. \*Must include all steps or it is not informed consent. - Exclusionary clause - identify conditions not treated by the AT - Waiver excluding responsibility / care for condition not related main area of treatment - Obtain before any treatment - Potential for battery - People have the right to refuse care - Unless individual is unconscious; you're permitted to help 1. Refusing Help - Individuals have the right to refuse treatment - Except - increased risk for further injury 1. Confidentiality - Right to privacy - Disclosure without consent (HIV, pregnant) 1. Product Liability - Manufacturer has the duty to create equipment that will not cause injury - Express Warranty: Manufacturers written guarantee of products safety - Equipment Warning Labels: - Informs of dangers with product use - CSA (Canadian standard association) NOCSAE meets minimum safety standards - altering equipment voids safety guarantee from company - Equipment defect = subject to liability Preventing Litigation 1. Understand and complete your duty of care 2. Understand the law in the province and country 3. Act in an ethical manner 4. Take steps to reduce risk of litigation Other Steps - Establish good relationships - Keep good records - Obtain informed consent - Insurance - Covers against claims of negligence - Professionals must be fully protected - Should carry and understand limits of coverage - Knowing scope of practice Topic \#3: Injury Prevention Section 1: Quiz Review CH.1 - Main concepts CH.3 (T2) - Lecture CH. 4 - Isometrics, Isotonic, General definitions. Avoid dietary, periodization. Cover disorder eating **Section 2: Injury Prevention** **Epidemiologist:** Professional use research methods to investigate the rates and determinants of injury and disease. **Epidemiology:** study of distribution of determinants of the varying rates of disease, injuries, or other health states in human populations. Basic assumption = epidemiologist believe in causes, not bad luck Epidemiological Factors: - Rates of injury With respect to... - Person (age, race, sex) - Place (environments, playing surface, population density) - Time (Time of year / season, 2nd half of game, beginning of season) Uses of Epidemiology **Injury Prevention & Wellness Promotion** 1. Pre-Participation Exam (PPE) - Purpose: Pick up potential problems that may pre-dispose an athlete to injury - Timing: 4-6 weeks before season start - Frequency: Annually - Content: Musculoskeletal Evaluation: Flexibility, Strength & mobility testing, neurological, skin 1. Nutritional Carbs, Protein, Fats = Macronutrients (Energy production, growth / repair tissue, muscle maintenance Vitamins, Minerals, Water = Micronutrients (regulation of body processes) - Simple Carbs = Simple sugars - Complex Carbs - Starches = unused starches stored as glycogen - Fibers = structural part of plants not digestible, reduces colon cancer, diabetes - Protein - Growth, maintenance, repair of body - Needed for: increased physical activity, anabolism, hormones, collagen - Fats - Most concentrated source of energy - Saturated Fats: Animal products - Unsaturated Fats: Plant derivatives - Trans Fat: Resembles saturated (junk Food) - Omega 3: Unsaturated (fish) - Vitamins - A,D,E,K - found in fat portion of foods and oils (fat soluble) - C,B - regulate metabolism, cannot be stored (water-soluble) - A,E,E - prevent aging, cancers, heart disease (anti-oxidants) Deficiencies: Iron, B12 - Anemia C - Scruvy B - Beriberi D - Rickets K - Collagen A - Epithelial, Skin Minerals - Stored in liver and bones - Ex. Iron - Energy, Magnesium - Energy, Calcium - Bone, Sodium / Potassium - Nerve Conduction Water - Most essential nutrient of all chemical processes - Dehydration can lead to illness and death - 1. Energy Systems - ATP = Energy source - Glucose form blood or glcogen - Fat is utilized when glycogen stores depleted - Anaerobic = Short burst, Aerobic= Long burst