Sports Medicine Chapter 3

What term means being legally responsible for the harm one causes another person?

Liability.

What term is defined as the failure to use ordinary or reasonable care?

Assumption of risk.

An individual, through expressed or implied agreement, accepts that some risk or danger will be involved in a particular undertaking. This best describes the concept of ________.

Assumption of risk.

In the context of legal concerns, what describes malfeasance?

An individual commits an act that is not legally theirs to perform (Act of Commission).

In the context of legal concerns, sovereign immunity ________.

A legal doctrine that protects the government and its employees from being held liable for negligence.

What establishes minimum standards for equipment that must be met to ensure its safety?

NOCSAE (National Operating Committee on Standards for Athletic Equipment).

What is a contract between an insurance company and a policyholder in which the insurance company agrees to reimburse a portion of the total medical bill after some deductible has been paid by the policyholder?

Health Insurance.

A legal wrong that is committed against a person or property of another is known as ________.

A Tort.

What organizations provide discount health care but also limit where a person can go for treatment of an illness or injury?

PPOs (Preferred Provider Organizations).

In the context of the types of insurance, name a federal health insurance program that is for the aged and disabled?

Medicare.

What most likely involves a prearranged system for delivering health care that is designed to control costs while continuing to provide quality care?

Managed Care.

Does the standard of reasonable care assume that an individual is neither exceptionally skillful nor extraordinarily cautious but is a person of reasonable and ordinary prudence.

Yes.

If a health care provider breaches a duty to exercise reasonable care, but there is no reasonable connection between the failure to use reasonable care and the injury suffered, will the suit for negligence succeed.

No (Proximate cause must be proven).

Do manufacturers of all types of athletic and fitness equipment have a duty to design and produce equipment that will not cause injury as long as it is used as intended.

Yes

Because of the high cost of medical care, should every athlete be covered by appropriate insurance policies that maximize the benefits should injury occur.

Yes

Will any modifications or alterations to equipment such as drilling a hole or adding a strap nullify the manufacturers' liability should an injury occur when a person is wearing that equipment.

Yes

Because of the amount of litigation for alleged negligence, should all professionals involved with the sports program be fully protected by personal liability insurance.

Yes.

Is it essential that insurance claims be filed immediately and correctly to ensure proper payment.

Yes.

Medicaid is a health insurance program for people with low incomes and limited resources and is funded by both the federal government and individual states.

Correct (Funded by both federal and state governments).

Affordable Care Act

A comprehensive healthcare reform law enacted in 2010 to increase health insurance coverage and affordability.

Assumption of risk

A legal defense stating the individual knew and accepted the dangers of an activity.

Capitation

A payment arrangement where providers are paid a fixed amount per patient regardless of how many services are used.

Duty of Care

A legal obligation which requires an individual to adhere to a standard of reasonable care while performing any acts that could foreseeably harm others.

Good Samaritan Law

Provides limited legal protection to people who give reasonable assistance to those who are injured or ill.

Health Insurance

A contract that requires an insurer to pay some or all of a patient's healthcare costs in exchange for a premium.

Health Maintenance Organizations (HMOs)

Health plans that require members to use specific doctors/hospitals and usually require a referral from a primary physician.

Liability

The state of being legally responsible for something.

Malfeasance, or an Act of Commission

When an individual performs an act that is not legally theirs to perform (e.g., a trainer performing surgery).

Managed Care

A system of healthcare in which patients agree to visit only certain doctors and hospitals, and in which the cost of treatment is monitored by a managing company.

Misfeasance

When an individual improperly does something they have the legal right to do (e.g., performing a correct treatment incorrectly).

Negligence

The failure to use ordinary or reasonable care.

National Operating Committee on Standards for Athletic Equipment (NOCSAE)

The organization responsible for setting the safety standards for athletic equipment like helmets.

Nonfeasance, or an act of omission

When an individual fails to perform a legal duty (Act of Omission).

National Federation of State High School Associations (NFHS)

The body that writes the rules of competition for most high school sports and activities in the U.S.

Point of Service (POS) plan

A type of managed care plan that is a hybrid of HMO and PPO plans.

Preferred Provider Organizations (PPOs)

Plans that allow more flexibility in choosing providers but offer lower costs if you stay within a specific network.

Standard of reasonable care

Assumes that an individual is a person of reasonable and ordinary prudence.

Torts

Legal wrongs committed against a person or property.