Negligence Lawsuits For Sports Medicine Professionals

There are defenses against negligence lawsuits for sports medicine professionals. The first of which is assumption of risk, where the athlete voluntarily and knowingly assumes the risk of an activity through an expressed or implied agreement. This can be done by having a form signed during pre-season paperwork. This does not forgive a clinician of reckless conduct, however. Assumption of risk is for the usual risks, and the athlete by singing assumes responsibility for injury that occurs as a result of the inherent dangers of sport. It is crucial that athletes be informed that risk for injury exists and understand the nature of that risk. Another defense is an act of God, which are events that are outside of human control. This includes natural disasters, weather, and other environmental concerns in which no one can be held responsible. If the incident was not foreseeable, this is another defense a clinician could use against a negligence lawsuit. Foreseeability is based upon whether the clinician at fault could have realistically anticipated the consequences that would result because of their conduct. In order for the clinician to be held liable, the harm must foreseeably arise from the negligent act. Good Samaritan laws provide limited security against legal liability should an accident arise while providing care during an emergency, in good faith, without expected compensation, and without misconduct or gross negligence. This usually does not apply to someone providing care during regular employment. It was created for situations in which a volunteer comes to the aid of an injured person during an emergency in order to reduce bystanders ' hesitation to assist because of the fear of a lawsuit. The individual providing care must ...

... middle of paper ...

...e in the case of a lawsuit pressed against them. These policies usually have guidelines and limitations, which must be considered before enrolling in a plan. Education and supplemental training is another useful risk management resource. This can be done by achieving and maintaining additional certifications in areas such as first aid, CPR, AED, or any intervention applicable to the clinician’s setting. Continuing education is a valuable opportunity for professional’s to continue acquiring knowledge and training even after their didactic coursework is completed. All of these methods demonstrate proper utilization of resources to minimize and control the probability of harm or injury to the athletes. Proactive risk management is crucial to the sports medicine professional in preventing negative situations and protecting themselves from liability in potential lawsuits.