Legal Liability and Insurance

NAMES ______PERIOD ______CHAPTER 3 Legal Liability and Insurance OVERVIEW Due to the increase in number of negligent suits, it is important for the coach and athletic trainer to be aware of the guidelines governing liability. Being familiar with these guidelines allows one to protect themselves from litigation. Regardless of all of the precautions that are taken it is likely that athletes will eventually become injured. In the event of injury it is necessary to have the proper insurance coverage for both the athlete and the coach or athletic trainer that may be caring for this individual.

LEARNING OBJECTIVES After studying Chapter 3, the student will be able to:

 Describe the steps a coach can take to decrease the chance of litigation.  Define and explain the legal concepts of liability, negligence, assumption of risk, and torts including nonfeasance, malfeasance, and misfeasance.  Describe product liability and explain the function of the NOCSAE.  Describe the statue of limitations.  Explain the Good Samaritan Law.  Describe the different types of medical insurance plans including: HMO’s, PPO’s, Point of Service, and Indemnity plans.  Describe the types of insurance that are necessary to protect the coach acting as a health care provider (personal liability insurance and error and omission liability insurance).

KEY TERMINOLOGY-DEFINE THE EMPTY POINTS

• Accident – • Assumption of risk – • Capitation – A form of reimbursement in which the member of managed care pays a standard fee on a monthly basis regardless of the cost of services rendered • HMO (Health Maintenance Organizations) – • Injury – • Liability – • Malfeasence – (act of commission) An individual commits an act that is not legally his/hers to perform • Misfeasance – An individual improperly performs an act that he/she has been trained to do • Negligence – • NOCSAE (National Operating Committee on Standards for Athletic Equipment) – • Nonfeasance – (Act of omission) An individual fails to perform a legal duty • NFSHSA (National Federation of State High School Associations) – • Point of Service plan – A combination of an HMO and a PPO • PPO (Preferred Provider Organizations) – • Statute of limitations – • Tort –

CHAPTER 3 WORKSHEET Legal Liability and Insurance MATCHING: Match the following terms with their definition

______1. Tort a. Acknowledgment of hazards in sports ______2. Negligence b. Results in unreasonable risk of harm to others ______3. Assumption of risk c. A legal wrong ______4. Statute of limitations d. Committing an act that is not legally his/her to perform ______5. Product liability e. A written guarantee that athletic equipment is safe ______6. HMO f. A contract between an insurance company and ______7. Medical Insurance policyholder ______8. Act of Omission g. A specific length of time in which an individual may sue h. Provide preventive care and limit where individuals can receive treatment

SHORT ANSWER: Briefly answer the following questions.

9. Define liability.

10. What is required to prove negligence?

11. What organization is responsible for establishing minimum standards for equipment?

12. Define and give an example of nonfeasance, malfeasance, and misfeasance.

LISTING: List the types of insurance necessary for a coach's protection

List four ways a coach/athletic trainer can avoid litigation.

ESSAY 19-25. Define managed care and describe the different health care systems developed to contain costs.