#2. Risk Management & Legal Liability Flashcards Preview

EPHE 344 > #2. Risk Management & Legal Liability > Flashcards

Flashcards in #2. Risk Management & Legal Liability Deck (25):
1

What type of gloves are good to use because they are hypoallergenic?

Nitrile or Vinyl - Latex is a common allergy

2

"The potential of something happening that will have an impact."

Risk

3

What two ways are risks measured?

likelihood and consequences

4

Goal of managing risk?

Prevent harm as well as educate and promote good health/safety.

5

What is our objective as student trainers?

Decrease the # of injuries that are likely to happen

6

What are two things that can be done to reduce or avoid risk?

1. Reduce through practices - teach them correct mechanics of their sport
2. Accept inherent risk and prepare for it.

7

Courses of Legal Action: "robberies, assaults, murder"

Criminal Suit

8

Courses of Legal Action: "non-premeditated offences, occur in sports"

Civil Suit

9

"being legally responsible for the harm one causes"

liability

10

"a legal wrong"

tort

11

"an act unlawful and intended to cause harm"

commission

12

"failure to perform a specific legal duty (whoops)"

omission

13

"not providing reasonable or ordinary care"

negligence

14

"a condition where danger is apparent or should have been apparent which ultimately resulted in unreasonable, or unsafe conditions - eg. a school fence gets broken and doesn't get fixed and a kid impales them self on it"

foreseeability

15

_____ is the failure to exercise ordinary or reasonable care that others with your level of training would in similar circumstances.

negligence - only do as much as you are trained to do!

16

4 steps in establishing negligence?

1. Duty of Care
2. Breach
3. Harm
4. Causation

17

Legal wrongs committed against a person (tort) may emanate from what three things?

1. Non-feasance - fail to perform legal duty; if it is over your head refer it out!
2. Malfeasance - perform action that is not his/hers to legally perform - advance treatment leading to complications
3. Misfeasance - performs an action incorrectly that he/she has the legal right to do

18

"when an individual is made aware of inherent risks in sport and voluntarily decides to continue participating"

assumption of risk - eg. signing a form before you bungee jump

19

How do you prove negligence?

-prove that there was a duty to exercise reasonable care
-prove that there was a breach in duty
-establish a connection to link breach of duty to inury

20

Could a 15 year old athlete provide legal consent?

Nope! You have to be 19 otherwise parental consent is required.

21

"athlete comes to you for assistance or they agree to first aid"

Explicit Consent

22

"you must explain all the risks and benefits of the treatment/assessment before you begin"

Informed Consent

23

"consent used to save a life - not capable of giving consent"

Implied Consent

24

"Protects a person providing emergency care to an individual from being liable for negligent if something goes wrong"

Good Samaritans Act - does not apply to individuals employed to provide care whether paid or volunteer

25

The legal responsibilities are described under the principles of _______ Laws

Contractual