Liability
being legally responsible for the harm caused to another person
Negligence
- Failure to use ordinary/reasonable care
* conduct that results in the creation of an unreasonable risk of harm to others
Standard of Reasonable Care
the level of care which an ordinary and reasonable person would use under comparable circumstances
Duty of Care
provider must reasonably ensure that no harm comes to a patient under the provider’s care
What is needed to establish negligence?
- Duty of Care
- Conduct of defendant fell short of Duty of Care
- Resultant damages
Torts
Legal wrongs committed against the person or property of another
Nonfeasance
Act of Omission
Individual fails to perform legal duties i.e. not providing care to an injury
(non = not doing)
Malfeasance
Act of Comission
Individual commits an act that is not legal to their field i.e. reducing a shoulder
(Mal = malicious)
Misfeasance
Individual improperly does something that they have the legal right to do. i.e. burning someone with stim
(Mis = mistake)
Sovereign Immunity
Govn’t nor those employed by govn’t can be held liable for negligence
Good Samaritan Law
Protects against legal liability for those who voluntarily choose to provide first aid
Statute of Limitation
- Sets a specific length of time that individuals can sue for damages from negligence
- State by state (typically 1-3yrs)
Assumption of Risk
Individual understands and accepts the risks involved in their particular sport or activity.
General Health Insurance Policy
Covers illnesses, hospitalizations and emergency care
Secondary Insurance Coverage
pays the athlete’s remaining bills once personal ins. company has made payments
Accident Insurance
Often covers accidents on school grounds while the student is in attendance (doesn’t always cover sport specifics)
Preferred Provider Organizations (PPO)
- Provide discount health care but also limit where a person can go for treatment.
- Fee-for-service basis
Health Maintenance Organizations (HMO)
- Provides preventive measures and limits where the individual can receive care
- Patient must receive ins permission for care, unless in an emergency
