Case Study Of Chapter 8: Legal Considerations In Sports Medicine

In chapter 8, “Legal Considerations in Sports Medicine”, the text discusses the potential legal issues that athletic trainers can run into and how to best avoid these issues. Some situations are unforeseeable but the text provides the most important information on how to best legally practice athletic training.
Case Study 1- Question 1: “What legal principles are involved in this case? How do they apply? Does James have a strong case? Why or why not?” Between tort and negligence, negligence may have occurred in this case. According to the text negligence is, “a type of tort in which an athletic trainer fails to act as a reasonably prudent athletic trainer would under the circumstances.” A medical professional must also be found guilty of
According to the text negligence is, “a type of tort in which an athletic trainer fails to act as a reasonably prudent athletic trainer would under the circumstances.” In this situation, Christine was negligent through omission, meaning that she failed to do something that an athletic trainer should have done in the situation. Christine should have first asked the athlete if she had ever taken Ibuprophen before and if she had any poor medical reactions to the medication. After asking the athlete, Christine should have referred to the athlete’s records to ensure that the athlete is okay to take Ibuprophen. The omission in this case may be proof of the conduct portion of a negligence claim. Another step in proving negligence is if Christine breached a duty owed to the athlete. The big question is, did Christine exercise the standard of care that other athletic trainers would have performed in this case? If so, then breach of duty won’t contribute to the negligence claim, but if not then it will be. Finally, the easiest determinant of negligence in this case would be damage. Did the breach of duty, if any, cause any harm to the athlete? What we know from the case is that the athlete became violently ill, so therefore the athlete was harmed and I think it is safe to say suffered from damages. These damages would confirm the damage portion of the negligence claim. In this case the physician and Christine would be liable so they could face consequences to any titles that they have towards their names just as certifications or licenses. The school could also face liability issues over this situation. To address these liability concerns there should be some risk management put into place to deal with this case and any future cases. If done well enough these risk management techniques such as avoidance, transference, retention, or reduction should help prevent any future situations. A new policy and procedure