Standards of Practice &

Ethics

Legal Liability

Today’s Topics

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Standards of practiceNATA Code of EthicsLiability Tort law Determining negligenceDefenses to negligence & liabilityScope of practice (regulatory

laws)

Video

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Standards of Practice

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Criteria of performance measurementDirection of physicianUses preventive careProvides immediate careEvaluates prior to treatmentAdministers txt, rehabilitation & reconditioning programsCollaborates with MD on discontinuationAll services documented

NATA Code of EthicsStandards of conduct & integrity

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1. Respect the rights, welfare & dignity of all individuals2. Comply with laws & regulations governing practice of AT3. Accept responsibility for the exercise of sound judgment4. Maintain & promote high standards in provision of services5. Shall not engage in form of conduct that constitutes a conflict of interest or that adversely reflects on the profession

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Liability

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Definition“…state of being legally responsible for the harm one causes another person..”

“…to perform an act in a reasonable and prudent manner..”

Liability

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Athletic Trainer

“duty to prevent further injury/harm to injured party during treatment and rehabilitation”

Liability

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Institution

“duty to provide reasonable medical assistance to injured participants (or spectators) ASAP under the circumstances”

Tort Law

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Tort:“..civil wrong for which the

court will award damages..”

1. Based on the concept of fault

2. Law prohibits careless actions

Tort Law

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Intentional torts1. Assault2. Battery3. False imprisonment4. Defamation of

character5. Fraud6. Invasion of privacy

Tort Law

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Unintentional torts Negligence

1. Malfeasance2. Misfeasance3. Nonfeasance4. Malpractice

Determining Negligence

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Does the defendant have a duty to provide care?

Was the duty breached?

Did injury (harm) result?

Did the negligence cause the injury (harm)?

Litigation Actions…

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Warn of sport risksTreat w/o consentProvide safe facilitiesDangerous situationsAllowing injured to playUnsafe equipmentImmediate referral to

MD

Moving w/o immobilization

Employing unqualified personnel

No written emergency plan

Recognize injuryKeep adequate

records

Determining Negligence

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Supervisors can be found guilty of negligence because of actions of employees1. Respondent superior or vicarious liability2. Actions of employees/ failure to supervise3. Outreach positions

Defenses to Negligence

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Contributory negligenceComparative negligenceAssumption of riskImmunity

1. Sovereign immunity

2. Charitable immunity

Defenses against liability

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Stay currentAsk questions of colleagues &

MDsMaintain precise written records

1. Treatments & rehabilitation

2. Professional advice3. Communications

Carry liability insurance

Scope of Practice

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National certification vs state regulatory laws

Category of regulatory laws1. Licensure: protects practice2. Certification: met minimum

requirements3. Registration: protects title4. Exemption

Next time...

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Diagnostic imaging