Term
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Definition
| Being legally responsible for the harm one causes another person. |
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Term
| What is essential for everyone to know to protect against litigation. |
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Definition
| Know the legal limitations of his or her responsibilities in providing athletic health care as dictated by the laws and statutes in the specific state where employed. Avoid overstepping boundaries avoid violation of various health care groups such as PT and athletic trainers |
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Term
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Definition
The failure to use ordinary or reasonable care - care normally used to avoid injury to themselves or to others in similar circumstances. a person that is reasonable and using ordinary prudence.. using commons sense and care..
The education and experience is considered. Must operate within the appropriate limitations of ones educational background ..IT IS conduct that results in creation of an unreasonable risk of hrm to others. |
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Term
| What 4 things are considered in determining negligence? |
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Definition
1. duty of care between X and injured
2. conduct of X fell short of duty of care
3. X caused the injury to occur
4. resultant damages, personal, property or punitive, occurred |
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Term
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Definition
Legal wrongs committed against a person (liability results)
May emanate from
Nonfeasance
Fail to perform legal duty, i.e. fail to refer
Malfeasance
Performs action that is not his/hers to legally perform, i.e. perform advanced treatment leading to complications
Misfeasance
Improperly perform something the person has a legal right to do |
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Term
| Negligence ( Power Point) |
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Definition
Care giver does something a reasonably prudent individual would not.
Fails to do something a reasonably prudent individual would do.
Athletic trainer has a duty to provide coverage to athletes (obligation)
Individual possessing higher level of training will possess higher level of competence
Once the individual assumes duty of caring for athlete that person has an obligation to provide appropriate care
Obligation to provide services vs. Scope of employment
Good Samaritan Law = Provides limited protection against legal liability to one that provides care should something go wrong |
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Term
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Definition
Specific length of time an individual can sue for injury resulting from negligence.
Varies by state but generally ranges from one to three years
Clock begins at the time the negligent act results in suit or from the time injury is discovered following negligent act
Minors generally have an extension |
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Term
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Definition
Athlete is made aware of inherent risks involved in sport and voluntarily decides to continue participating
Expressed in written waiver or implied from conduct of athlete once participation begins
Can be used as defense against an athlete’s negligence suit
Does not excuse overseers from exhibiting reasonable care and prudence in regards to conduct of activities or foreseeing potential hazards
Many and varied interpretations (particularly with minors)
Often a waiver will stand in court except in incidents of fraud, misrepresentation or duress. |
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Term
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Definition
Liability of any or all parties involved in manufactured product for damages caused by product
Products with inherent defects are subject to liability suits
May be based on negligence, strict liability or breach of warranty fitness
Equipment must not be modified and should be used for intended use to avoid liability issues
Manufacturer of equipment has duty to design and produce equipment that will not cause injury
Express warranty
Manufacturer’s written guarantee – product safety
Equipment warning labels
Informs athlete of possible dangers inherent with product use
National Operating Committee on Standards for Athletic Equipment (NOCSAE)
Minimum standards for equipment to ensure safety |
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Term
| Athletic Injury management checklist |
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Definition
Warn athlete of potential dangers inherent in the sport
supervise constantly and attentively
Properly prepare and condition the athlete
Properly instruct the athlete inthe skills of the sport
Ensure that proper and safe equipment and facilities are used by the athlete at all times
Good relationship, polices , emergency action plan, Know health status and history good records document efforts to create safe place, detailed job description, confidentiality, do not give any kind of medication, not have injured players play with docs okay, concussion may be out for season, Do not be pressured to clear an athlete util doc clears. know limit of expertise and state regulations limiting practice .. careful common sense |
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Term
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Definition
Major changes in insurance have occurred in light of managed care
Major increases in the number of lawsuits and cost of insurance
Medical insurance is a contract between the company and policyholder
Company agrees to pay portion of medical bills following payment of a deductible |
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Term
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Definition
Policy that covers illnesses, hospitalization and emergency care
Sometimes offered through academic institutions for students (athletics)
Secondary insurance provided through institutions to cover costs above primary insurance coverage
Schools and universities must ensure that athletes have primary insurance coverage (in place or arranged for |
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Term
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Definition
Primary mechanism of payment for medical services in the U.S.
Policyholder insurance company reimburses health care providers for services rendered
Number of different options
Pre-arranged systems
Payment for preventive care
Other systems developed to contain costs |
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Term
| Health Maintenance Organization HMO |
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Definition
Provide preventive measures and dictate where individual can receive care
Permission must be gained to see someone outside of the plan (except in emergencies)
HMO will pay 100% of costs if care rendered within the HMO plan providers
Coaches, administrators and athletic trainers must have working knowledge of HMO limits and restrictions |
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Term
| Preferred Providers Organization PPO |
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Definition
Provide discount health care and also limit where treatment can be obtained
Must be aware of what facilities are approved for the program in order have cost completely covered
May include additional types of coverage (physical therapy)
PPO pay on a fee-for-service basis |
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Term
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Definition
Combination of HMO and PPO
Based on HMO model but allows for care outside of the plan
Flexibility is allowed for certain conditions and circumstances |
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Term
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Definition
Most traditional form of billing for health care
Fee-for-service plan that allows insured party to seek care without restrictions
Provider charges patient or third-party payer
Charges are set on fee schedule |
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Term
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Definition
Form of reimbursement where members make standard payment monthly regardless of services rendered
Managed care plans utilize this practice |
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Term
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Definition
Health insurance program for people with low incomes and limited resources
Funded by both the federal government and individual
States are responsible for administration of the Program. |
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Term
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Definition
A federal health insurance program
Designed for the aged and disabled
Many third-party payers base decisions on what will be covered under their policies on what Medicare and Medicaid will cover. |
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Term
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Definition
Low cost plan to cover accident on school grounds to student
Protects student against financial loss from medical and hospital bills
Provides for additional protection for institution above regular policy
Will cover costs associated with hospital care, surgery, and catastrophic injuries |
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Term
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Definition
Catastrophic injuries in athletics are relatively rare, but are staggering to all involved
Organizations (NCAA, NAIA, NFSHSA) provide additional coverage to deal with lifetime extensive care
Ensuring that all athletes and faculty/staff coverage is in place is critically important
Filing of claims, at times, is the responsibility of the athletic trainer
Can be very time consuming taking the athletic trainer away from other responsibilities
Additional staff may be necessary to deal with added responsibilities |
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Term
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Definition
Must file claims immediately and correctly
To facilitate, collect insurance information at the start of the academic year
Letters should be sent home to fully explain the coverage available and necessary procedures
Most schools or colleges will file a claim with their insurance company that will pay for services provided by individual health care professionals. |
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Term
| Insurance to Protect the Professional |
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Definition
Protect against damages that may arise from injuries occurring on school property
Covers against claims of negligence on part of individuals
Because of rise in lawsuits, professionals must be fully protected, particularly in regards to negligence
Will cover negligence in civil case – not criminal complaint
Errors and omissions liability insurance have evolved to protect individuals against suits claiming malpractice, negligence, errors and omissions (each person should still have personal liability insurance) |
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