One of the biggest challenges for athletic trainers and team doctors is recognizing and treating sports-related concussions. A concussion happens when the brain is shaken or jolted due to a sudden movement of the head.
In the U.S., over 300,000 sports-related brain injuries happen each year. Signs of concussions are commonly seen in sports like football, basketball, soccer, baseball, boxing, rugby, and ice hockey.
Getting repeated head injuries can lead to serious brain damage or even death.
When it comes to giving medical clearance for athletes to participate in sports and treating injuries, there are both legal and medical concerns.
Sports medicine professionals face the risk of lawsuits, whether they let an athlete play or not. Athletic trainers and doctors can be sued for clearing athletes too soon, and surprisingly, they can also be sued for not allowing athletes to play.
Legal Responsibilities of Coaches and Organizations
Coaches, athletic trainers, and sports organizations have a legal duty to keep their athletes safe and healthy.
It means they need to take steps to prevent injuries, make sure injured athletes get the right medical care, and follow rules for handling concussions.
Duty to Educate and Inform
Coaches and organizations must teach athletes, parents, and staff about the risks of concussions and how to manage them properly.
It includes sharing information about the signs and symptoms of concussions, possible long-term effects, and the importance of reporting injuries.
Many states have laws that require schools and sports leagues to provide concussion education before each season starts.
Duty to Monitor and Respond
Coaches and athletic trainers need to keep an eye on athletes during practices and games and take action if an injury happens.
It means they should remove athletes from play if they show signs of a concussion and make sure they get a proper medical check-up.
Not doing this can lead to legal issues if the athlete gets hurt more because they kept playing.
Duty to Follow Protocols
Sports organizations must create and enforce rules for managing concussions, including guidelines for when an athlete can return to play.
These rules are meant to protect athletes from coming back too soon and getting hurt again.
Coaches and trainers who ignore these protocols could be held legally responsible if an athlete is harmed as a result.
Defenses Against Negligence and Risk Management
Working in a setting where medical standards and legal requirements are unclear, athletic trainers and team doctors need to understand how to defend against negligence claims.
The best defense is to show that one of the four key elements of negligence isn’t proven.
- He didn’t have a duty to share information with the physician.
- He acted reasonably for an athletic trainer in that situation.
- His actions didn’t cause Pinson’s injuries.
Assumption of Risk
Another common defense in athlete injury cases is the “assumption of risk” doctrine.
It means that an athlete can accept the risks of playing a sport, especially if they already have a known injury or condition.
In this case, the trainer isn’t held liable. To use this defense, the trainer must prove:
- The athlete knew about the risks (or a reasonable athlete should have).
- The athlete agreed to accept those risks, either verbally or in writing, or by simply participating.
Competitive Athletes
Competitive athletes often accept health risks to play sports. A competitive athlete is someone involved in organized sports that focus on regular competition and require rigorous training.
It includes athletes at youth, high school, college, and professional levels. By participating, these athletes understand that injuries are possible—like strains, bruises, broken bones, or even serious injuries.
Duty to Protect
Despite the athlete’s desire to play, the athletic trainer or team doctor cannot ignore their responsibility to ensure the athlete’s health and safety.
Trainers must make decisions based on the best available information.
There can be a lot of pressure from coaches, teammates, and fans to let an athlete play, but trainers shouldn’t be swayed by this. Even if an athlete insists on playing, they do not take on the trainer’s negligence.
Understanding Risks
It’s important to note that athletes must be able to understand the specific risks involved in their sport.
For example, an athlete with a head injury might not be able to fully grasp the dangers of playing. To protect themselves legally, trainers should assess the athlete’s mental state to ensure they understand the risks.
Trainers should also inform athletes about the risks, preferably in writing. For special events, a contract can outline these risks clearly.
Contributory Negligence
Another related defense is “contributory negligence.” If an athlete contributes to their own injury in any way, the sports medicine professional may not be held liable.
It means that if an athlete continues to play while injured or ignores warnings, they might be considered partly responsible for their injury.
Legal Fairness
It may seem unfair that a negligent professional can avoid paying damages because the athlete contributed to their injury.
Many states now use comparative negligence instead of strict contributory negligence. It means that damages are adjusted based on how much each party contributed to the injury.
Instead of receiving nothing if they are partly responsible, the athlete can still recover some compensation based on their level of responsibility.
Consult with a Personal Injury Attorney
If an athlete thinks their injury was caused by someone’s negligence, they should talk to a personal injury lawyer who knows about sports injuries.
A lawyer can help evaluate the situation and suggest the best steps to take.
Concussions are a serious and increasing concern in sports, and the laws around these injuries are changing.
Coaches, athletic trainers, and sports organizations have a legal duty to keep their athletes safe and to follow the proper procedures for handling concussions.
Athletes who get concussions because of negligence might have options for legal action through personal injury claims, product liability claims, or workers’ compensation.