Legal Concerns When Treating Patients

duty of care

a duty to use care toward other that would be exercised by an ordinarily reasonable prudent person in order to protect them from unnecessary risk of harm

liability

state of being legally responsible for the harm one causes another person

negligence

failure to use ordinary or reasonable care

commission

does something that a reasonably prudent person would not do

omission

fails to do something that a reasonably prudent person would do under circumstances similar to those shown in the evidence

torts

legal term describing a violation where one person causes damage, injury, or harm to another person

nonfeasance

fail to perform legal duty

malfeasance

performs action that is not his/her duty to legally perform

misfeasance

performs action incorrectly that he/she has the legal right to do

assumption of risk

individual is made aware of inherent risks involved in sport or voluntarily decides to continue participating

good samaritan law

provides limited protection against legal liability to any person who chooses to provide care should something go wrong

Pre-participation Physical Exam

used to attempt to identify those conditions that may place an athlete at increased risk and could effect activity

Lis the parts of the PPE

medical history, health screening, medication the patient is taking, health related risk analysis, and mental health considerations

Physical Activity Readiness Questionaire

designed to identify any pre-existing health conditions that may be aggravated by an increase in physical activity

Emergency Action Plan

provides guidelines and templates for documentation of emergency planning to help prepare individuals for a catastrophic injury situation with sports or exercise

informed consent

process of assuring that a patient is fully aware of all aspects associated with a treatment intervention to be rendered