{"id":173,"date":"2004-03-04T14:34:57","date_gmt":"2004-03-04T20:34:57","guid":{"rendered":""},"modified":"2016-10-12T14:43:37","modified_gmt":"2016-10-12T19:43:37","slug":"practical-and-critical-legal-concerns-for-sport-physicians-and-athletic-trainers","status":"publish","type":"post","link":"https:\/\/thesportjournal.org\/article\/practical-and-critical-legal-concerns-for-sport-physicians-and-athletic-trainers\/","title":{"rendered":"Practical and Critical Legal Concerns for Sport Physicians and Athletic Trainers"},"content":{"rendered":"<div class=\"submitted\">Submitted by: Steve Chen &amp; Enrico Esposito<\/div>\n<h2>Abstract<\/h2>\n<p>In order to help sport physicians and athletic trainers understand the<br \/>\nlegal principles that may be applicable to injury treatment, the writers<br \/>\nexamined the areas of liability that physicians and trainers may face<br \/>\nin their delivery of care. Major topics which were covered by this article<br \/>\nincluded: (1) informed consent and participation risks, (2) physician-patient<br \/>\nrelationship, (3) immunity issues, and (4) risk management. In conclusion,<br \/>\nseven protective strategies were recommended for sport physicians and<br \/>\nathletic trainers to insure acceptable service standards. They were: (a)<br \/>\nmaintaining a good physician-client relationship with athletes; (b) obtaining<br \/>\ninformed consent and insist on a written contract; (c) educating the athletes,<br \/>\nparents and coaches concerning issues of drug abuse, assumption of risks,<br \/>\nconfidentiality; (d) performing physical examinations carefully, and be<br \/>\ncautious on issuing medical clearance; (e) formulating a risk management<br \/>\nplan and properly document hazards and records; (f) participating in continuing<br \/>\neducation and recognize your qualifications; and (g) maintaining insurance<br \/>\ncoverage.<\/p>\n<h2>Introduction<\/h2>\n<p>The special legal duties and liabilities team physicians have are rapidly<br \/>\ndeveloping areas of law (Collum, 2001). Since 1990, there has been a significant<br \/>\nincrease in sports medicine related litigation (Gallup, 1995). The increasing<br \/>\neconomic benefits of playing sports, such as college scholarships or multi-million<br \/>\ndollar professional contracts, have inspired injured athletes to seek<br \/>\ncompensation for injuries resulting from negligent medical care (Herbert,<br \/>\n1991). As a result, today, many sport physicians and athletic trainers<br \/>\nrecognize they need a general understanding of certain legal principles<br \/>\nin order to further protect themselves and their institutions from litigation<br \/>\n(Gieck, Lowe, &amp; Kenna, 1984). Sport physicians and athletic trainers<br \/>\nmust become familiar with the acts and policies that regulate the profession.<br \/>\nPhysicians and trainers must realize that acquiring the basic knowledge<br \/>\nof legal principles can help improve their professional practice. In order<br \/>\nto help sport physicians and athletic trainers understand the legal principles<br \/>\nthat may be applicable to injury treatments and prevention, the writers<br \/>\nexamines several areas of liability physicians and trainers may face.<br \/>\nThese areas include: (a) informed consent and participation risks, (b)<br \/>\nthe physician-patient relationship, (c) immunity issues, and (d) risk<br \/>\nmanagement.<\/p>\n<h2>Informed Consent and Participation Risks<\/h2>\n<p>A widely recognized legal principle is that the team physician must have<br \/>\nan athlete\u2019s informed consent before providing any medical treatment<br \/>\n(Gallup, 1995; Ray, 2000; Mitten, 2002). Informed consent is a legal doctrine<br \/>\nthat requires a sport physician to obtain consent for rendering treatment,<br \/>\nperforming an operation, or using many diagnostic procedures after their<br \/>\nclients being furnished with all the known relevant facts (Gallup, 1995;<br \/>\nBriggs, 2001). This requirement is based on the principle of individual<br \/>\nautonomy, meaning a competent adult has the legal right to decide what<br \/>\nto do with his body (Heinemann, 1997).<\/p>\n<p>Consent forms are especially important in the high school setting because<br \/>\nmost of these injured student- athletes are minors. No lawsuit has been<br \/>\nsuccessfully tried based on a lack of parental consent, where the treatment<br \/>\nof the minor was non-negligent (Gallup, 1995; Ray, 2000). Recently, many<br \/>\ncourts have begun to follow the mature minor rule allowing the young person<br \/>\n(an age of 14-16) to validly consent to the physicians\u2019 treatment<br \/>\n(Holder, 1978). Consent may be implied under the circumstances, such as<br \/>\nwhen an athlete has been rendered unconscious during play and needs emergency<br \/>\nmedical treatment (Mitten, 2002; Hecht, 2002). In these cases, the law<br \/>\ngenerally assumes that if the injured athlete had been aware of his\/her<br \/>\ncondition and was mentally competent, then he\/she would consent to the<br \/>\ntreatment. Based on several experts\u2019 comments (Rosoff, 1991; Gallup,<br \/>\n1995; Briggs, 2001; Mitten, 2002; Sports Medicine Digest, 2002), the authors<br \/>\nhave summarized the key points in the consent, which should be disclosed<br \/>\nto athletes:<\/p>\n<ol type=\"a\">\n<li>Physicians and trainers must adhere to customary or accepted sports<br \/>\nmedicine practice in diagnosing athletes\u2019 injuries.<\/li>\n<li>An athlete must understand the kind of treatment to which he is consenting.<\/li>\n<li>A physician must disclose relevant information since his\/her failure<br \/>\nto do so may subject him\/her to liability for fraudulent concealment.<\/li>\n<li>Physicians and trainers should propose possible alternative treatments.<\/li>\n<li>Keep in mind that the clients have the \u201cright of refusal.\u201d<\/li>\n<li>Physicians and trainers should explain the cost of the proposed treatment.<\/li>\n<\/ol>\n<p>It is difficult to judge how far a sport physician should go in determining<br \/>\nwhether an athlete actually understand what he\/she has consented to or<br \/>\nnot. In the 1987 California case of Krueger v. San Francisco 49ers, the<br \/>\n49ers were found guilty of fraudulent concealment, because the team physicians<br \/>\nfailed to inform Krueger about the full extent of his injuries, the potential<br \/>\nconsequences of the anesthetic steroid injections, and the long-term implications<br \/>\nof playing professional football with a badly damaged knee. If a physician<br \/>\nwishes to avoid the liability of negligence or fraud, he\/she must show<br \/>\nthat approving athletic participation is not medically unreasonable and<br \/>\nthe athlete actually understands the risks.<\/p>\n<p>\u201cAssumption of risk\u201d is a legal defense that attempts to<br \/>\nclaim that an injured plaintiff understood the risk of an activity and<br \/>\nfreely chose to undertake the activity regardless of the hazards associated<br \/>\nwith it (Ray, 2000). It is one of the most common defenses that educational<br \/>\ninstitutions, athletic trainers and sport physicians may employ to avoid<br \/>\nlegal liability. Two conditions must be met in order to establish the<br \/>\ndefense of \u201cassumption of risk\u201d (Scott, 1990). (a) The athlete<br \/>\nmust fully appreciate and understand the type and magnitude of the risk<br \/>\ninvolved in participation. (b) The athlete must also \u201cknowingly,<br \/>\nvoluntarily, and unequivocally\u201d choose to participate. In interscholastic<br \/>\nsport settings, school districts often use a consent form to prove an<br \/>\nimplied assumption of risk. In some cases, courts also have found that<br \/>\nconsent forms prove the minor and parents did understand the risks inherent<br \/>\nin the sport and agree to assume them (Vendrell v. School District No<br \/>\n26c Malheur County).<\/p>\n<p>Today, athletes and their parents frequently challenge the return-to-play<br \/>\ndecision of the sport physicians and demand their right to participate<br \/>\n(Ray, 2000). In this case, one approach sport physicians or athletic trainers<br \/>\nmay take is to request athletes (and their parents in the case of minors)<br \/>\nto sign exculpatory waivers. An \u201cexculpatory waiver\u201d or \u201crisk<br \/>\nrelease\u201d is a contract signed by a participant, which relieves the<br \/>\nschool, university, or team physician from any liability to the individual<br \/>\nwho executes the release (Gallup, 1995). It acts as an \u201cexpress<br \/>\nassumption of risk\u201d indicating that the participant fully understands<br \/>\nand voluntarily chooses to encounter the risk. The participant further<br \/>\nagrees in advance not to hold the defendant liable for the consequences<br \/>\nof conduct that would ordinarily amount to negligence (Keeton, Dobbs,<br \/>\nKeeton, &amp; Owen, 1987). Some courts uphold releases of liability from<br \/>\nfuture negligence, but not culpable conduct such as intentional, reckless,<br \/>\nor grossly negligent torts (Keeton et al, 1987; Cotten, 2001; Mitten,<br \/>\n2002). However, courts have also invalidated contracts releasing physicians<br \/>\nfrom liability for negligent medical care of their patient, because such<br \/>\ncontracts violates public policy (Tunkl v. Regents of University of California,<br \/>\n1963; Ray, 2000). In general, a waiver signed by the minor alone will<br \/>\nnot be enforced (Cotten, 2001). Even if an exculpatory waiver is established,<br \/>\nthe court may evaluate its validity individually.<\/p>\n<p>In general, if an injured athlete is found to be contributory negligent,<br \/>\nhe\/she may not be able to successfully sue a team physician or an athletic<br \/>\ntrainer (Hebert, 2002; Gallup, 1995). In the past, plaintiffs might lose<br \/>\nthe case due to their contributory negligence, because the court\u2019s<br \/>\ndecision was determined on an \u201call or nothing\u201d basis (Hoffman<br \/>\nv. Jones, 1973). However, this type of ruling is not a dominant trend<br \/>\nanymore. In Perez v. McConkey, a plaintiff\u2019s contributory negligence<br \/>\nno longer was a \u201ccomplete bar to recovery\u201d; rather, it was<br \/>\nto be considered in \u201capportioning damages only\u201d (Wanat, 2001).<br \/>\nToday, the courts often use the doctrine of comparative negligence to<br \/>\ndetermine if the liability should be divided between the plaintiff and<br \/>\nthe defendant(s) (Ray, 2000; Gallup, 1995). In most states, plaintiffs<br \/>\ncan collect damages only if their comparative culpability is less than<br \/>\n50% (Ray, 2000). Physicians and trainers may compensate their patients<br \/>\nin proportion to their fault.<\/p>\n<h2>Physician-patient Relationship<\/h2>\n<p>When a university or a professional sports team hires the team physicians,<br \/>\na duty is created not only between the physicians and the athletes, but<br \/>\nalso to the hiring entity. Although the well-being of athletes should<br \/>\nbe the most important concern of physicians and trainers who render medical<br \/>\nservice, it is not always easy for physicians and trainers to make their<br \/>\ndecisions based on this principle due to the intense pressure from the<br \/>\ncoaches, management, the press, and even the motivated athletes themselves.<br \/>\nIn general, if physicians who are hired by professional teams act in a<br \/>\nnegligent manner and cause their patients (athletes) to lose a contract,<br \/>\nscholarship, or future earnings, they may ultimately be found liable for<br \/>\nthose damages (Gallup, 1995). Under the doctrine of \u201cvicarious liability\u201d,<br \/>\na university or professional team may also be liable for the actions of<br \/>\nthe team physician who it hired (Berry &amp; Wong, 1986). However, if<br \/>\nthe physician is an independent contractor, the entity may not be held<br \/>\nliable for the physician\u2019s negligence (Cramer v. Hoffman, 1968).<br \/>\nThe key factor to determine whether the physician is an independent contractor<br \/>\nor not is relying on the amount of control the hiring entity exercises<br \/>\nover the independent judgment of physician (Berry &amp; Wong, 1986).<\/p>\n<p>The issue of confidentiality is often a complicated problem in professional<br \/>\nand collegiate sports. Releasing an athlete\u2019s medical condition<br \/>\nto third parties (i.e., media) violates a physician\u2019s ethical obligation<br \/>\nto maintain confidentiality (Mitten, 2002). However, it may seem appropriate<br \/>\nfor physicians or trainers to discuss athletes\u2019 condition with the<br \/>\nmanagement of collegiate or professional teams, because they have the<br \/>\naccess to athletes\u2019 medical records anyway (Berry &amp; Wong, 1986).<br \/>\nCollegiate and professional physicians and trainers must remember that<br \/>\nthey owe athletes confidentiality, and should be careful about releasing<br \/>\ninformation to the press. In Chuy v. Philadelphia Eagles Football Club<br \/>\n(1979), the defendant, Chuy, sought the compensation from the Philadelphia<br \/>\nEagles because the team physician released his medical condition to the<br \/>\npress without his consent. Based on the impact of this case, it is ideal<br \/>\nfor the physician to obtain the athlete\u2019s permission (a publicity<br \/>\nwaiver form) before disclosing any medical information to team officials<br \/>\nor press. An essential act that physicians must apply is informing the<br \/>\nathletes that they are acting on behalf of the team (Mitten, 2002). Readers<br \/>\nmay refer to the Health Insurance Portability and Accountability Act from<br \/>\nofficial website of the Department of United States Health and Human Services<br \/>\n(2003) for more information concerning standards for protecting the privacy<br \/>\nof personal health information.<\/p>\n<h2>Immunity Issues<\/h2>\n<p>In some instances, physicians may be immune from legal liability for<br \/>\nmalpractice claims brought by athletes (Mitten, 1995). Several states<br \/>\nhave enacted legal statutes immunizing volunteer sport physicians from<br \/>\nnegligence liability for rendering emergency medical care to athletes<br \/>\n(Mitten, 2002). In addition, some states have expended their Good Samaritan<br \/>\nlaws to specify immunity for those who provide medical services at athletic<br \/>\nevents (Gallup, 1995; Todaro, 1986). However, statutory immunity only<br \/>\ncovered physicians or trainers who provide emergency care to an athlete<br \/>\nwith an apparent life-threatening condition in good faith, not with wanton<br \/>\nemergency treatment or gross negligence (Todaro, 1986).<\/p>\n<p>As shown in the case of Sorey v. Kellett (1988), it was found that sport<br \/>\nphysicians employed by public universities might be protected by state<br \/>\nlaw immunity. Furthermore, state workers\u2019 compensation laws may<br \/>\nalso bar claims of professional athletes against team physicians for negligent<br \/>\nmedical care (Mitten, 2002; Gallup, 1995). Other than the Good Samaritan<br \/>\nlaws, the workers\u2019 compensation laws are other legal statues that<br \/>\npreclude professional athletes suing team physicians or trainers for negligence.<br \/>\nIn Hendy v. Losse (1991), the court interpreted that workers\u2019 compensation<br \/>\nlaw bar tort suits between co-employees for injuries caused within the<br \/>\nscope of employment. One must keeps in mind that workers\u2019 compensation<br \/>\nlaws are not uniform, and may vary from state to state (Gallup, 1995).<\/p>\n<h2>Risk management<\/h2>\n<p>Risk management is the key for preventing lawsuits in sports medicine.<br \/>\nAs sport physicians and athletic trainers have involved more managerial<br \/>\nresponsibilities along with their clinical duties, the broader construct<br \/>\nof risk management became more important. Risk management is a process<br \/>\nintended to prevent financial, physical, property, and time loss for an<br \/>\norganization (Culp, Goemaere, &amp; Miller, 1985; Ray, 2000; Streator<br \/>\n&amp; Buckley, 2001). According to Gallup (1995), a well-designed risk<br \/>\nmanagement program should cover four essential elements; compassion, communication,<br \/>\ncompetence and charting. Sports physicians and athletic trainers must<br \/>\ndemonstrate a deep concern for athletes and build a good rapport with<br \/>\nathletes. Maintaining clinical competence and keeping accurate medical<br \/>\nrecords are other important means to avoid liability for malpractice.<br \/>\nIn fact, studies show that 70% of the medical litigations are due to poor<br \/>\ncommunication and attitude problems presented by physicians or trainers<br \/>\n(Gallup, 1995).<\/p>\n<p>To apply appropriate techniques and management principles for reducing<br \/>\nthe likelihood of risk, the Department of Sport and Recreation of Australia<br \/>\n(2003) provided some guidelines for handling the potential risks. Those<br \/>\nguidelines included: (a) establishing the context of a risk management<br \/>\nprogram (objectives, resources, and assessment criteria, etc.), (b) risk<br \/>\nidentification, (c) risk assessment, (d) treatment and control, and (e)<br \/>\nmonitoring and review. While applying the above principles in the sport<br \/>\nmedicine field, Rankin and Ingersoll\u2019s (1995) recommendation can<br \/>\nfurther help to control risk. In terms of risk identification and assessment,<br \/>\nphysicians and trainers can administer pre-participation physical exams,<br \/>\nmonitor fitness levels, assess activity areas, monitor environmental conditions,<br \/>\nmaintain equipment, use proper instructional techniques, and provide adequate<br \/>\nwork-rest intervals. Advice for treatment and control include: (a) have<br \/>\na physician supervise all medical aspects of the program; (b) evaluate<br \/>\nand treat injuries correctly and promptly; and (c) supervise student athletic<br \/>\ntrainers or intern physicians.<\/p>\n<p>Effective documentation is vital for sport physicians and athletic trainers<br \/>\nbecause 35% to 40% of all medical malpractice suits are rendered indefensible<br \/>\nby problems with the medical record (Michigan Medicine, 1983). Sport physicians<br \/>\nshould record their activities for the following reasons (Ray, 2000; Briggs,<br \/>\n2001; Streator &amp; Buckley, 2001): (a) personal use; especially for<br \/>\npersonal protection in the event of litigation; (b) legal, ethical and<br \/>\nprofessional requirements; (c) statistical records; (d) educational, research<br \/>\nand insurance purposes; (e) information for further planning, treatment,<br \/>\nrehabilitation and training; (f) aids for assisting other practitioners<br \/>\ntaking over\/involved in treatment (i.e. a multidisciplinary approach);<br \/>\nand (g) information for techniques and standards involved in treatment\/rehabilitation.<\/p>\n<p>In general, sport physicians and athletic trainers should file two types<br \/>\nof records properly, medical records and program administration records<br \/>\n(Ray, 2000). Medical records are cumulative documentation of a patient\u2019s<br \/>\nmedical history and health care interventions. The administration records<br \/>\nmay include physical examination forms, injury evaluation and treatment<br \/>\nforms, reports of special procedures, emergency information, permission<br \/>\nfor medical treatment forms, release of medical information, insurance<br \/>\ninformation and communication from other professionals (Ray, 2000; Streator<br \/>\n&amp; Buckley, 2001).<\/p>\n<h2>Conclusion<\/h2>\n<p>The authors examined the variety, complexity, and importance of legal<br \/>\nissues, which sport physicians and athletic trainers may encounter. Many<br \/>\nof the legal outcomes are strongly influenced by advances in medicine,<br \/>\nmedical evidence, and reviews of legal precedents (Gallup, 1995; Opie,<br \/>\n2002). The authors attempted to synthesize opinions of experts and information<br \/>\nderived from some lawsuits to propose practical guidelines for the physicians<br \/>\nand trainers. As Ray (2000) mentioned, the best legal defense against<br \/>\nmalpractice lawsuits is still to provide high-quality medical services<br \/>\nconsistent with the standard of care. The concepts and suggestions, which<br \/>\nwere illustrated in this article, might not be interpreted as absolute<br \/>\nlegal principles; rather, they should be treated as aids to help physicians<br \/>\nand trainers prevent negligence lawsuits. The following protective strategies<br \/>\nwere suggested to insure the acceptable service standard (Graham, 1985;<br \/>\nRay, 2000; Gallup; Opie, 2002; Mitten, 2002).<\/p>\n<ol type=\"a\">\n<li>Maintain a good physician-client relationship with athletes.<\/li>\n<li>Obtain informed consent and insist on a written contract.<\/li>\n<li>Educate the athletes, parents and coaches concerning issues of drug<br \/>\nabuse, assumption of risks, confidentiality.<\/li>\n<li>Perform physical examinations carefully, and be cautious on issuing<br \/>\nmedical clearances.<\/li>\n<li>Formulate a risk management plan and properly document hazards and<br \/>\nrecords.<\/li>\n<li>Participate in continuing education and recognize your qualifications.<\/li>\n<li>Maintain insurance coverage.<\/li>\n<\/ol>\n<h2>References<\/h2>\n<ol>\n<li>Berry, R., &amp; Wong, G. (1986). Application of legal principles<br \/>\nto persons involved in Sports. In R. Berry &amp; G. Wong, <em>Law and<br \/>\nbusiness of the sports industries: Common issues in amateur and professional<br \/>\nsports<\/em> (2nd ed.) (p. 303). Westport, CT: Greenwood Press.<\/li>\n<li>Briggs, J. (2001). Legal, professional ethical, moral and practice<br \/>\nmanagement issues. In J. Briggs (Eds.), <em>Sports therapy: theoretical<br \/>\nand practical thoughts and Considerations<\/em> (pp. 299-320). Chichester,<br \/>\nEngland: Corpus Publishing Limited.<\/li>\n<li>Chuy v. Philadelphia Eagles Football Club, 595 F.2d 1265 3<sup>rd<\/sup><br \/>\nCir<\/li>\n<li>Collum, J. (2001). Legal developments regarding injuries related to<br \/>\nparticipation in and\/or affiliation with athletic events. <em>Sports,<br \/>\nParks and Recreation Law reporter, 14<\/em>(4), 56-58.<\/li>\n<li>Cotten, D. J. (2001). An update on the validity of waivers when the<br \/>\ninjured party is a Minor. <em>Sports, Parks and Recreation Law Reporter,<br \/>\n15<\/em>(3), 44-47.<\/li>\n<li>Cramer v. Hoffman, 390 F. 2d 19 (2nd Cir. 1968).<\/li>\n<li>Culp, B., Goemaere, N.D., &amp; Miller E. (1985). Risk management:<br \/>\nAn integral part of Quality assurance. In C. G. Meisenheimer, <em>Quality<br \/>\nassurance: A complete guide to effective programs<\/em> (pp. 169-192).<br \/>\nRockville, Maryland: Aspen.<\/li>\n<li>Department of Sport and Recreation, Government of Western Australia<br \/>\n(2003). Risk Management kit. Retrieved August 8, 2003, from http:\/\/www.surfcam.dsr.wa.gov.<br \/>\nau\/organizations\/risk.asp<\/li>\n<li>Department of United States Health and Human Services (2003). Medical<br \/>\nprivacy &#8211; National Standards to protect the privacy of personal health<br \/>\ninformation. Retrieved February 22, 2004, from http:\/\/www.os.dhhs.gov\/ocr\/hipaa\/finalreg.html<\/li>\n<li>Gallup, E. M. (1995) <em>Law and the team physician<\/em>. Champaign,<br \/>\nIL: Human Kinetics.<\/li>\n<li>Gieck, J., Lowe, J. &amp; &amp; Kenna, K. (1984). Trainer malpractice:<br \/>\nA sleeping giant. <em>Athletic Training, 19<\/em>(1), 41-46.<\/li>\n<li>Graham, L. S. (1985). Ten ways to dodge the malpractice bullet. <em>Athletic<br \/>\nTraining, 29<\/em>(2), 117-119.<\/li>\n<li>Herbert, D. L. (2002). Professional hockey player sues team and team<br \/>\ndoctor. <em>Sport Medicine Alert, 8<\/em>(6), 42-43.<\/li>\n<li>Herbert, D. L. (1991). The death of Hank Gathers: An examination of<br \/>\nthe legal issues. <em>Sports Medicine Standards and Malpractice Reporter,<br \/>\n2<\/em>(3), 41-46.<\/li>\n<li>Hecht, A. N. (2002). Legal and ethical aspects of sports-related concussions:<br \/>\nthe Merril Hoge story. <em>Seton Hall Journal of Sport Law, 12<\/em>(1),<br \/>\n17-64.<\/li>\n<li>Heinemann, R. A. (1997). Pushing the limits of informed consent: Johnson<br \/>\nv. Kokemoor and physician-specific disclosure. <em>Wisconsin Law Review,<br \/>\n5<\/em>, 1079-1081.<\/li>\n<li>Hendy v. Losse, 54 Cal.3d 723, 734.<\/li>\n<li>Hoffman v. Jones 280 So. 2d 431, 437 (Fla. 1973).<\/li>\n<li>Holder, A. R. (1978). Minors&#8217; rights to consent to medical care. <em>Journal<br \/>\nof American Medical Association, 257<\/em>(24), 3402.<\/li>\n<li>Keeton, W., Dobbs,, D., Keeton, R. &amp; Owen, D. (1987). <em>Prosser<br \/>\nand Keeton on the law of torts<\/em> (5th ed.). St. Paul: West.<\/li>\n<li>Krueger v. San Francisco 49ers et al., 234 California Reporter at<br \/>\n584.<\/li>\n<li>Michigan Medicine. (1983). Good records can be strongest malpractice<br \/>\ndefense. <em>Michigan Medicine<\/em>, 6-8.<\/li>\n<li>Mitten, M. J. (2002). Emerging legal issues in sports medicine: A<br \/>\nsynthesis, summary, and analysis. <em>St. John&#8217;s Law Review, 76<\/em>(5),<br \/>\n7-86.<\/li>\n<li>Mitten, M. J. (1995). Medical malpractice liability of sports medicine<br \/>\ncare providers for injury to, or death of athlete. <em>Alabama Law Review,<br \/>\n33<\/em>(5), 619.<\/li>\n<li>Opie, H. (2002). Australian medico-legal issues in sport: The view<br \/>\nfrom the grandstand. <em>Marquette Sports Law Review, 13<\/em>(1), 113-148.<\/li>\n<li>Ray, R. (2000). <em>Management strategies in athletic training<\/em><br \/>\n(2nd ed.). Champaign, Illinois: Human Kinetics.<\/li>\n<li>Rankin J. M., &amp; Ingersoll, C. (1995). <em>Athletic training management:<br \/>\nConcepts and applications<\/em>. St. Louis: Mosby.<\/li>\n<li>Rosoff, A. A. (1991). Treatise of health care law section 17.01(1).<br \/>\nIn M.G. MacDonald, R.M. Kaufman, &amp; A.M. Capron (Eds.), <em>Consent<br \/>\nto medical treatment<\/em>. New York: Mathew Bender.<\/li>\n<li>Scott, R. W. (1990). <em>Health care malpractice<\/em>. Thorofare, NJ:<br \/>\nSlack.<\/li>\n<li>Sorey v. Kellett, 849 F.2d 960, 962 (5th Cir. 1988).<\/li>\n<li>Sports Medicine Digest. (2002). Withholding relevant information may<br \/>\nbe fraudulent. <em>Sports Medicine Digest, 24<\/em>(1), 3.<\/li>\n<li>Streator, S., &amp; Buckley, W. E. (2001). Risk management in athletic<br \/>\ntraining. <em>Athletic Therapy Today, 6<\/em>(2), 55-59.<\/li>\n<li>Todaro, G. T. (1986). The volunteer team physician: When are you exempt<br \/>\nfrom civil liability? <em>The Physician &amp; Sportsmedicine, 16<\/em>(7),<br \/>\n147; 150.<\/li>\n<li>Tunkl v. Regents of University of California, 60 Cal.2d 92, 383 P.2d<br \/>\n441<\/li>\n<li>Venderll v. School District No 26c Malheur Country, 233 Oregon. 1,<br \/>\n376 p. 2d at 409.<\/li>\n<li>Wanat, D. E. (2001). Torts and sporting events: Spectator and participant<br \/>\ninjuries-using defendant&#8217;s duty to limit liability as an alternative<br \/>\nto the defense of primary implied assumption of the risk. <em>University<br \/>\nof Memphis Law Review, 31<\/em>(2), 237-279.<\/li>\n<\/ol>\n","protected":false},"excerpt":{"rendered":"<div class=\"submitted\">Submitted by: Steve Chen &amp; Enrico Esposito<\/div>\n<h2>Abstract<\/h2>\n<p>In order to help sport physicians and athletic trainers understand the<br \/>\n        legal principles that may be applicable to injury treatment, the writers<br \/>\n        examined the areas of liability that physicians and trainers may face<br \/>\n        in their delivery of care. Major topics which were covered by this article<br \/>\n        included: (1) informed consent and participation risks, (2) physician-patient<br \/>\n        relationship, (3) immunity issues, and (4) risk management. In conclusion,<br \/>\n        seven protective strategies were recommended for sport physicians and<br \/>\n        athletic trainers to insure acceptable service standards. They were: (a)<br \/>\n        maintaining a good physician-client relationship with athletes; (b) obtaining<br \/>\n        informed consent and insist on a written contract; (c) educating the athletes,<br \/>\n        parents and coaches concerning issues of drug abuse, assumption of risks,<br \/>\n        confidentiality; (d) performing physical examinations carefully, and be<br \/>\n        cautious on issuing medical clearance; (e) formulating a risk management<br \/>\n        plan and properly document hazards and records; (f) participating in continuing<br \/>\n        education and recognize your qualifications; and (g) maintaining insurance<br \/>\n        coverage. <\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"jetpack_publicize_message":"","jetpack_is_tweetstorm":false,"jetpack_publicize_feature_enabled":true,"jetpack_social_options":[]},"categories":[290,295,292,293,291,296],"tags":[60,8,31,61],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p4btio-2N","jetpack-related-posts":[{"id":336,"url":"https:\/\/thesportjournal.org\/article\/desirable-qualities-attributes-and-characteristics-of-successful-athletic-trainers\/","url_meta":{"origin":173,"position":0},"title":"Desirable Qualities, Attributes, and Characteristics of Successful Athletic Trainers \u2013 A National Study","date":"April 16, 2009","format":false,"excerpt":"Submitted by: Timothy J. Henry, Robert C. Schneider, and William F. Stier Jr. - The State University of New York at Brockport Abstract In an effort to determine the importance of desirable qualities, attributes and characteristics necessary for the success of interscholastic athletic trainers a Likert-type scale survey was mailed\u2026","rel":"","context":"In &quot;Contemporary Sports Issues&quot;","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":2342,"url":"https:\/\/thesportjournal.org\/article\/ratios-of-certified-athletic-trainers-to-athletic-teams-and-number-of-athletes-in-south-carolina-collegiate-settings\/","url_meta":{"origin":173,"position":1},"title":"Ratios of Certified Athletic Trainers\u2019 to Athletic Teams and Number of Athletes in South Carolina Collegiate Settings","date":"March 16, 2015","format":false,"excerpt":"Submitted by\u00a0Robert Bradley1, Ed.D, ATC, SCAT*. Fred Cromartie2, Ed.D*, Jeff Briggs3 PhD.*, Fred Battenfield4, Ph.D.*, Jon Boulet5 Ph.D*. 1*\u00a0Assistant Professor of Sport management\u00a0at North Greenville University,\u00a0Tigersville,\u00a0South Carolina,\u00a029680 2*\u00a0Director of Doctoral Studies at the United States Sports Academy, Daphne, Alabama, 36526 3* Professor of Sport Management\u00a0at North Greenville University, Tigersville, South\u2026","rel":"","context":"In &quot;Contemporary Sports Issues&quot;","img":{"alt_text":"Table 1","src":"https:\/\/i0.wp.com\/thesportjournal.org\/wp-content\/uploads\/2015\/03\/Table1.jpg?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":60,"url":"https:\/\/thesportjournal.org\/article\/development-of-an-athletic-training-curriculum-for-universities-in-south-korea\/","url_meta":{"origin":173,"position":2},"title":"Development of an Athletic Training Curriculum for Universities in South Korea","date":"February 12, 2008","format":false,"excerpt":"Submitted by: Jon Yeansub Lim, Ed.D., C.S.C.S. The purpose of this study was to develop a competency based undergraduate sports medicine curriculum for universities in the Republic of Korea (R.O.K.). The survey questionnaire used in this study was derived from five performance domains and universal competencies of the 1995 Role\u2026","rel":"","context":"In &quot;Sports Facilities&quot;","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":6012,"url":"https:\/\/thesportjournal.org\/article\/athletic-training-in-popular-sports-films\/","url_meta":{"origin":173,"position":3},"title":"Athletic Training in Popular Sports Films: More than khakis, a polo, and a roll of tape?","date":"September 6, 2018","format":false,"excerpt":"Authors: Dr. Lindsey H. Schroeder, Dr. Alana N. Seaman Corresponding Author: Lindsey H. Schroeder Ed.D., LAT, ATC, CES 601 S. College Rd. Wilmington NC, 28403-5956 schroederl@uncw.edu 910-962-7188 Dr. Lindsey Schroeder is an assistant professor at the University of North Carolina Wilmington in the Athletic Training Program. She is a licensed\u2026","rel":"","context":"In &quot;Research&quot;","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":361,"url":"https:\/\/thesportjournal.org\/article\/a-comparision-of-athletic-training-program-financial-resources\/","url_meta":{"origin":173,"position":4},"title":"A Comparision of Athletic Training Program Financial Resources","date":"January 8, 2010","format":false,"excerpt":"Robert Bradley, United States Sports Academy Abstract Athletic departments have budgets for each team. Included within the athletic department master budget includes an athletic training budget. However, unlike sports programs, the athletic training budget goes not towards its own needs, but the needs of the sports teams. The size of\u2026","rel":"","context":"In &quot;Sports Facilities&quot;","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":7016,"url":"https:\/\/thesportjournal.org\/article\/survey-return-rates-for-athletic-trainers\/","url_meta":{"origin":173,"position":5},"title":"Survey Return Rates for Athletic Trainers","date":"May 1, 2020","format":false,"excerpt":"Authors: Robert Bradley, Scott Bruce Corresponding Author:Robert Bradley, EdD, LAT, ATC PO Box 910State University, AR. 72467rbradley@astate.edu870-972-3766 Robert Bradley is the program director of the master of athletic training program at Arkansas State University. He is an assistant professor in the College of Nursing and Health Professions and the curriculum\u2026","rel":"","context":"In &quot;Sports Medicine&quot;","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/thesportjournal.org\/wp-json\/wp\/v2\/posts\/173"}],"collection":[{"href":"https:\/\/thesportjournal.org\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thesportjournal.org\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thesportjournal.org\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/thesportjournal.org\/wp-json\/wp\/v2\/comments?post=173"}],"version-history":[{"count":3,"href":"https:\/\/thesportjournal.org\/wp-json\/wp\/v2\/posts\/173\/revisions"}],"predecessor-version":[{"id":4207,"href":"https:\/\/thesportjournal.org\/wp-json\/wp\/v2\/posts\/173\/revisions\/4207"}],"wp:attachment":[{"href":"https:\/\/thesportjournal.org\/wp-json\/wp\/v2\/media?parent=173"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thesportjournal.org\/wp-json\/wp\/v2\/categories?post=173"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thesportjournal.org\/wp-json\/wp\/v2\/tags?post=173"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}