Athletic TrainingAthletic TrainingAthletic TrainingAthletic Training

The ugly side of the jobThe ugly side of the job

Legal Issues• Even though when an athlete

chooses to participate in a sport and risks becoming injured or permanently disabled, the ATC may be subject to legal liability

• It is important for an ATC to understand certain legal terminology

Legal Jargon• Negligence-failure to act as a reasonably

prudent person would act in a similar situation– Ex. An ATC finds a huge hole on the field

hockey field and instead of reporting it and making people aware of it, he/she does nothing.

• Gross negligence-a step beyond negligence.– Ex. Not giving an injured person instructions on

what to do, even if it’s a simple injury.

More Legal Jargon• Assumption of risk-when a person fully

understands that by participating in sports he/she may be injured– Players must understand that they are assuming the

risk of being injured by participating in a sport.

• Informed consent-permission by parents (after being informed of the possible dangers of being injured) for the medical staff to treat their child if he/she is injured

Last but not least…• Proximate cause-the close

connection between the way the ATC acted and the resulting injury to an athlete.– Ex. If an athlete has a neck injury and

the ATC notices weakness and lack of movement in the neck area, but allows the athlete to continue to play, a more serious injury could result.

Avoiding Legal Problems

• Have a written contract– ATCs, coaches, and other pertinent

personnel should have a detailed contract that provides a job description

• Use equipment that meets established safety standards

• Require preparticipation physical exams– Can help identify existing conditions that

may lead to an injury

Avoiding Legal Problems

• Have all athletes and their parents/guardians sign an assumption of risk form

• Maintain CPR, AED, first aid certifications• Have a crisis plan

– Must have in writing for both home and away contests. Should explain all procedures that need to be carried out and everyone involved should have a copy and know their role.

• Document all injuries and procedures

Avoiding Legal Problems

• Maintain confidentiality– Required by law to keep medical

information confidential

• Build trust• Check for hazards

– Periodically examine athletic fields and courts for hazards

• Stay educated

Preventing Injuries• Reducing the risk of legal liability

includes practicing comprehensive injury prevention.

• A comprehensive injury prevention program includes the following:

• Educating the athlete– Teaching athlete about the dangers

involved with sports and the proper technique of his particular sport

Comprehensive Injury Prevention Program

• Rule enforcement– Teaching the athletes the rules to help

prevent injuries

• Proper matching– Athletes should be matched by several

factors including weight, age, and skill level

• Physical fitness– Being physically fit can help reduce one’s

risk of injury