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Sports Medicine Legal Consideration - Coggle Diagram
Sports Medicine Legal Consideration
Credentialing
Certification
Less stringent
BOC
State Certification only protects only an athletic trainer's role, not the specific tasks that she performs.
Registration
less restrictive than licensure
In some states, registration is needed prior to practicing
Licensure
Most restrictive
State
Exemption
Least restrictive
No state regulate ATs under the exemption status
Regulation
Public Safety
ATs must be BOC certified
easier to receive TP reimbursement
Protects ATs
Risk Management
(prevention of financial loss for an organization)
Transference
high financial risk/ low frequency
insurance
signed waivers
Retention
Avoidance
Reduction
Legal defenses
Good Samaritan immunity
comparative negligence
sovereign immunity
statutes of limitations
Laws
Rules and regulations governing the affairs of a community or society
Negligence
Existence of duty
provided services agreed on via contract
Must see it through
HIPPA
provide adequate supervision/instruction, safety and communication about process
Breach of duty
Standard of care or lack there of
Conduct by athletic trainer
ATs action or failure to act
Causation
Actual cause- ATs action caused damage/injury
Proximate (legal) cause- ATs action leads to harm or injury to another or an event that injures others.
Torts
(legal wrong = court)
negligent tort
strict tort
intentional tort
Risk Reduction Strategies
(EAP)
Conduct
maintain equipment (timely service)
instructional
injury Management
Preparation
PPE
Monitor fitness levels, facility safety, and weather conditions
Records