Allied healthcare professionals have a legal responsibility to those in which they provide care. The risk of injury within athletic participation is undeniable and unavoidable. While it is not possible to completely eliminate the threat of harm, it is indeed plausible to minimize the risks. This is a necessity, for failure to do so can result in danger to the athletes they treat, as well as to their professional reputation and career. Sports medicine, unfairly, is a discipline that is in the spotlight due to the visibility of competitions which are frequently played in front of crowds and cameras. Practicing their craft to an audience furthermore increases the importance of always acting promptly, professionally, within their training, and efficiently. When their performance fails to meet the standard in which is expected, this is when litigation can become a very realistic possibility.
The most frequent legal problem a sports medicine professional will face is liability, which is legal responsibility to perform duties in a reasonable and prudent manner, specifically if they cause damage or harm. Most times, this is due to negligence, the failure to give reasonable care or do what another prudent person with similar experience, knowledge, and background would have done under the same or similar circumstances. To find an individual negligent, the injured person must prove there was a duty of care, there was a breach of that duty, there was harm, and the harm was directly
The Facts about the case of Schweichler v. Poway (2005), a student athlete participates in a sporting event which was wrestling when the assistance coach injured the student. The cause of the injury happened when the coach tried to show the student a move and once the move was done the student athlete ankle was injured. However, when participating in any athletic sports there are plenty of risk that may be taken with being an athlete. There were a negligence lawsuit filed and was dismissed.
Participation in sports has steadily increased over the years from the youth level to the high school level. While the growing popularity has been praised for getting kids active a huge amount of pressure has been put on school districts, coaches, and staff for students safety during physical activity after a number of negligence cases have found schools liable for incidents with student athletes. Negligence is defined as breaching the duty of care owed to someone and can be due to a person’s actions or omissions (Spengler, 2016). With there being elements of risk of injury in sports, schools are at risk of being sued if the plaintiffs are able to show that the defendant owed the plaintiff a duty of care, that the duty of care was breached, and that the plaintiff suffered damage as a result of that breach. The objective of this paper is to analyze three cases of negligence in high school sports and to identify how the cases impact my role as a
Being able to help athletes return to the sport they love after an injury sounds like a great job, but what if I told you that the job of a sports medicine physician comes with a lot of health risks and lack of sleep? Many physicians work in small private offices or clinics. They are often assisted by a small staff of nurses (“Career Guide”). They must evaluate athletes before they participate in sports to prevent them from reinjuring something (“Sports Medicine Physicians”). Sports medicine physicians must perform physical examinations, record information, and maintain medical records (“Sports Medicine Physicians”). Their goal is to help treat athlete’s injuries to help them return to the sport they are in. The issues that concern me about being a sports medicine physician are the long, irregular hours, the health issues that can result from lack of sleep, and the risks that can result the irregular hours.
The case study selected for week three centers on a liability and assumption of risk case study. In this case study, Brent Thomas and George Banks are facing liability charges after Ricky Watts sustained a serious injury during hockey practice (Essex, 2016). In this situation, Thomas is the school principal, and Banks is the hockey coach as well as the gym teacher (Essex, 2016). Ricky obtained injuries after improperly blocking the puck (Essex, 2016). This case study was selected because it highlights a situation that will likely be faced by all future school leaders. Sports are popular among students, and there is inherent risk in each sporting event. A school is open to liability if they do not ensure that proper protocols are met.
They could be life threating if not reported and attended to. If an athlete gets injured they most likely will not tell their coach or trainer for the fear that they will be taken out of the game. If the athlete does come out and say that they are in pain and something does not seem right and the coach or trainer does nothing about it that is negligence and they could be fired and sued if the athlete gets hurt even more. One of my biggest fears about being an athlete is getting injured and not being able to return to play the sport’s that I love because someone did not take the injury
First, is the education of the patient, if the athlete is willing to report and communicate the problem to the appropriate personnel at the moment and time when it happens, the medical staff will be on the ability of removing the athlete from participation if it is necessary. In addition of educating the athletes, it will be vital to focus on the education of coaches, and parents over the consequences of this injury, the responses of the athlete during the injury, importance of reporting this to the medical personnel (Athletic trainer), and acceptance of the injury. By increasing the awareness of the injury, the medical staff will be more accurate, precise, and the time of recovery will be lower since the athlete will report it in a shorter period of time.
Negligence is “an act or omission which violates a legal duty and creates an unreasonable risk of harm to another, resulting in injury” (Rosenthal, 2003-2004). Every sport possesses its own unique risks. “Personal injuries are not only a consequence of competition, they are an object of that competition” (Fitzgerald, 2005). Sports require and encourage rough play. Those who participate know this and accept those risks.
Collegiate athletics is growing each day and the athletes are becoming faster, stronger, and quicker each day. As the competition on the field improves, the risk of injury also becomes more of a possibility. While strength and conditioning coaches have created athletes who are able to withstand more physical play and can rehab quicker from injury, they have also created monsters on the playing field and court. As collegiate athletics grows into a multibillion dollar industry, the players expect to have more benefits available to them, including workers’ compensation. We have seen a variety of situations arise recently were players are looking to secure their own safety when playing such physical games.
The National Collegiate Athletic Association’s (NCAA) motion to dismiss at the US District Court for the Western District of Pennsylvania involves Plaintiff Matthew Onyshko’s (Plaintiff) claim that his health issues resulted from the NCAA’s negligence to inform, protect, and mediate student-athletes that are exposed to head related injuries. This memorandum will establish the relationship that the two parties share and the extent that the duty of care applies to this relationship. By analyzing NCAA’s duties, if any, to the Plaintiff —including the duty to protect, duty to warn, and how risks not contemplated by the Plaintiff apply to the case— we find the NCAA, while having a strong case, does not have grounds for dismissal. Finally, we will assess the NCAA’s limited liability due to their defenses including assumption of risk.
This decision is about liability of a Waverly Council and the Australian Sports Oztag Association for damages arising out of an injury suffered by Mr. Salvo who injured his knee while playing Oztag on an uneven ground. The Court of Appeal dismissed Mr. Salvo’s appeal on the basis that neither the Oztag Association nor Waverly Council had acted negligently and that Mr. Falvo had not shown that any breach of duty of care caused these damages. The District Court trial judge, Hungerford ADCJ, concluded thatt the playing field was consistent with acceptable standards for playing sports such as Oztag .That Oztag was a “dangerous recre-ational activity” within the meaning of ss 5K and 5L of the Civil Liability Act 2002 (New South Wales). This meant
Athletic competitions have worked as entertainment for individuals and families for numerous years. The athletes involved in this competitions/events are undertaken physical conditions that could affect their well-being for short and/or long periods of time. Some of these athletes are taught to be tough to go under pain and to avoid sitting out to not show weakness to the opponent. At the same time, these athletes feel the social pressure of performing on a 100% every practice and game to meet the expectations of family, fans and coaches. Due to those conditions previously mentioned, the athlete will be facing a major dilemma between reporting the injury (and possibly being removed from participation) or not reporting it (which it could cause the injury worsen with time which it could lead to life threating situations).
In The article “Preventing Athletic Emergencies”, Regina Whitmer outlined ways on how to prevent athletics emergencies. Some of these ways is by recommending schools to have Emergency Action Planner (EAPs) that include the location of life-saving equipment. “The National Athletic Trainers’ Association offers guidelines on treating and preventing concussions, and also recommends schools to have emergency action plans (EAPs) that include the location of life-saving equipment, such as automated external defibrillators (AEDs)”(Whitmer). Having access to a safe playing surface and immediate on site injury assessments by a certified medical professional will help lower football concussion rate. “According to a 2011 study in the American Journal
There are many dilemmas that plague sports. Some of those can range from bribing, cheating, racism, and sports safety. In the past the NBA had to deal with the betting scandal involving Tim Donaghy and baseball has had to deal with the issue of performance enhancers. The sports industry generates around half a trillion dollars a year and it has to deal with multiple dilemmas at the youth, college, and professional level. A growing issue with sports has been the number of injuries that athletes have had to deal with. Typical sports injuries range from twisting ankles, blowing out knees, and dislocating shoulders. Surgery and rehabilitation have helped athletes to recover and get them back on the playing field faster
As science and technology advances, athletes and loved ones hope that new technologies and discoveries can help them with current sports and also help the future athletes. Plus help prevent serious brain injuries caused by other accidents that cause brain trauma or any serious injuries. After all, the more we know about what brain trauma and other injuries the better doctors can diagnose it, than treat it and even prevent the future problems through new and improved protective
Through the years, people have looked many things in sports such as success, victories, effort, teamwork, persistence, but also losses, resignation, distress, pain and fractures. During the games, some players can be accidently affected. However; some players and athletes do not realize, the harmful and possible consequences that game accidents can cause. Many people think the rules of the games will need to change and be adapted to make sure the athletes are safe, besides in the other hand there are people who are disagree about change and modify the rules in other to make the games safe for the athletes, because they think the game can change and it will not be the same. I think rules should be made in an important extent to make sports as