Chapter 3 Flashcards
Legal Concerns for the Athletic Trainer (19 cards)
What is liability?
The legal responsibility for harm caused to another person
What is a tort?
A legal wrong against an individual
What is negligence?
A type of tort. The failure to exercise ordinary or reasonable care
Types of negligence
Nonfeasance, malfeasance, and misfeasance
What is nonfeasance?
The failure to act/perform legal duty (omission)
What is malfeasance?
Performing illegal action (commission)
What is misfeasance?
Performing an act improperly
What do you have to prove to show negligence? (3 things)
- Individual had a duty to provide care
- A breach of duty occured
- Harm to the patient/athlete occurred due to the actions or inactions of the individual
What is sovereign immunity?
Neither the government nor individuals employed by gov can be held liable for negligence
What is good samaritan law?
Provides limited protection against legal liability to one that provides care should something go wrong
What is statute of limitations?
Specific length of time an individual can sue for injury resulting from negligence
What are ways to reduce risk of litigation?
Building good relationships, establish EAP, record keeping, keep consent and confidentiality, liability insurance
What is product liabilty?
The responsibility of manufacturers and sellers for damaged caused by defective products
What is accident insurance?
Low-cost plan that covers injuries occurring on school grounds or during school activities
What is professional liability insurance?
Insurance that protects professionals against claims of negligence or malpractice
What is catastrophic insurance?
Coverage for severe injuries that may require long-term care (provided by NCAA, NAIA, etc)
What is HMO?
Health Maintenance Organization. Pays 100% of care cost only if going to selected provider
What is PPO?
Preferred Provider Organization. Pays 70-80% of care charge at approved facilities
What is POS?
Point of Service. Combo of HMO and PPO, allows for care outside of plan
