Chapter 3
The Law of Sports Injury
The Law of Sports Injury
• The field of sports medicine has witnessed a
dramatic ___________ in the amount of litigation
over the last decade
• Understanding liability and the role of coaches,
referees and members of the sports medicine
team are important.
• Ethics play an essential role in protecting both
the athlete and coaches.
• State registration or licensing of _________
________ is important.
• Helps protect athletes from unqualified practitioners.
Reasons for Lawsuits
(Appenzeller, 2000; Podgers, 2011; Wong, 2010)
• People have a right to sue. Participants believe they
should be able to participate without ____ ___
_________. There is a monetary expense to injuries
so people may sue to recover for medical expenses.
• Increase expectations of young athletes and parents
relative to potential future financial gain. Sport as a
business.
• More acceptance by the courts of comparative
negligence settlements
• Increases in __________ and __________ ___
_______________.
Coaches be aware…
• The coach is typically the _______ person at the
scene of an injury.
• Inappropriate decisions may jeopardize the
athlete’s health and result in legal action.
• The coach’s decisions and actions are critical.
• A recent study of high school coaches found:
• A significant percentage of coaches lacked
adequate ______ ____ knowledge. (Braun et al.,
2009; Dunn & Ransone, 1999; McLeod et al., 2008)
Ethics
• There is an increased emphasis on winning and
earning monetary rewards.
• A coach’s livelihood and career depend on a
win-loss record.
• Athletes and parents can bring pressure.
• The coach must resist the temptation to
circumvent the standards of first aid care or the
recommendations of medical personnel when
returning an injured athlete to participation.
• Recognize a ________ ___ __________.
Ethics
• Under no circumstance should an injured
athlete be allowed to resume sports without the
consent of a qualified medical professional such
as a certified __________ __________ or
_________ __________.
• Remember: Unethical behavior by a coach will
in all probability be considered as ___________
by a court of law.
Concept of Tort
(Ray & Konin, 2011; Wong, 2010)
• Tort: A private wrong or injury, suffered by an
individual as a result of another person’s
conduct.
• Negligence: A type of tort defined as “the
failure to do what a reasonably careful and
prudent person would have done under the
same or like circumstances, or doing of
something that a reasonably careful and
prudent person would not have done under
the same or like circumstances.”
Negligence
(Wong, 2010)
• Act of Commission – A legal liability arising when a
person commits an act that is not legally his or hers
to perform. Acting in an improper way.
• Act of Omission – A legal liability arising when a
person does not perform an action that ought to be
taken. Failure to act.
• The Four Elements of Negligence:
• Duty of Care
• Breach of duty
• Actual or proximate causation
• Damage
Defending Negligence and
Defeating Litigation
(Wong, 2010)
•
•
•
•
•
•
•
No negligence – considered an act of God
Contributory negligence
Comparative negligence
Assumption of risk
Statute of limitations
Immunity
Good Samaritan Law
What Is Your Liability?
(McCaskey & Biedzynski,1996; Wong, 2010)
• Anyone serving in a coaching capacity, whether
voluntarily or paid, bears considerable responsibility
for the health and safety of athletes.
• Doctrine of sovereign immunity does NOT
guarantee immunity for coaches.
• Coach must use ______________ care to avoid
creating ___________ risk of harm.
• Familiarize themselves with the duties they owe to
their participants.
Potentially Negligent Actions by
Coaches
(McCaskey & Biedzynski, 1996; Quandt, 2009; Wong, 2010)
• Failure to provide: adequate supervision, competent
personnel, appropriate training and instruction,
proper use of safe equipment
• Failure to: warn of latent dangers, provide prompt
and competent medical care, ensure that an athlete
is ready to participate, prevent injured athletes from
competing, match athletes of similar competitive
levels
Are You Protected?
• Good Samaritan Law DOES NOT protect coaches as
they have a _______ to provide appropriate
emergency care.
• Coaches need to be vigilant regarding risks to
athletes.
• Determine if employer provides liability protection for
coaches and staff. If not, then coaches should acquire
liability insurance.
Steps to Avoid Legal Action
To reduce the chances of going to court, coaches
should have:
• Have a written contract, have _________
____/_____/_____ training, have an emergency
action plan, have and use effective lines of
communication
• Parental consent for those under 18, _____________
___________ ________ on all athletes
• Completion of seminars and/or postgraduate classes
and be aware of laws
• Inspections of facilities/equipment. Enforce rules and
regulations
• ________________ of all injuries
Health Insurance Portability
and Accountability Act (HIPAA)
Why is this important to coaches?
• Dramatic impact on the ________ health care
industry, including the sports medicine field where
coaches may be directly involved.
• For example, these new regulations place strict
limitations on the release of __________ ________
______________ to third parties (i.e., media).
If You Get Sued
• Immediately - Call your insurance company and
your lawyer. (Appenzeller, 2000)
• Write a detailed description of events related to the
incident and obtain signed statements from
witnesses.
• Make NO statement to the media or other parties
without getting legal counsel.
Role of the Athletic Trainer
• Help school personnel in maintaining safe
environments
• Help develop and adopt best practices and
standards to ___________ and address student
athlete injury
• Have an athletic trainer on staff and ensure he
or she is certified _____________ and has the
appropriate _______ regulation paperwork