CHAPTER 3 • LEGAL ISSUES 9assistants are also employees of the hospital (Nolan
and Nolan-Haley, 1990).DUTIES, ROLE, AND RESPONSIBILITIES
OF THE TEAM PHYSICIAN
- The duties of the team physician to a team may be
outlined in a letter of agreement or contract between
the organization and physician. - The duties to the individual athlete should be consid-
ered as with any other patient–physician relationship. - Balancing this duty to team and athlete must be con-
sidered in every situation.
•A consensus statement on the duties of the team
physician has been created by several organizations
and available in its entirety from these groups:
a. American Academy of Family Physicians (AAFP)
b. American Academy of Orthopedic Surgeons
(AAOS)
c. American College of Sports Medicine (ACSM)
d. American Medical Society for Sports Medicine
(AMSSM)
e. American Orthopedic Society for Sports Medicine
(AOSSM)
f. American Osteopathic Academy of Sports
Medicine (AOASM) - Qualifications from this consensus statement include
the following:
a. Medical or osteopathic degree with unrestricted
license to practice medicine
b. Fundamental knowledge of emergency care
regarding sporting events
c. Trained in CPR
d. Working knowledge of trauma, musculoskeletal
injuries and medical conditions affecting the ath-
lete - Medical duties from this statement stated that the
team physician has ultimate responsibility to include
coordination of the preparticipation screening; man-
agement of on-field injuries; medical management of
injury and illness; coordination of rehabilitation and
return to participation; coordination of medical care,
education, and documentation; and record keeping.
•Administrative duties include establishing relation-
ships, education, development of a chain of com-
mand, plan and train for emergencies, address
equipment and supply issues (as needed to provide
adequate medical coverage), provide for event cover-
age, and assess environments concerns and playing
conditions. - Standard definitions of negligence generally apply.
The physician is held to what the reasonable, pru-
dent man would do. As guidelines become more
established, these may become the basis for duties
and responsibilities of the team physician.DUTIES, ROLE, AND RESPONSIBILITIES
OF THE TEAM AND ATHLETES- The responsibilities of the team (organization, owner-
ship, administration) should also be outlined in a con-
tract. - The team should provide a safe venue (including ade-
quate security), appropriate safety equipment, sup-
plies needed to treat injured or ill athletes (unless
otherwise specified in the agreement) and appropriate
response for an emergency situation. - The team (including coaching staff) should not inter-
fere with care of the athlete including return to play
issues. - The athlete should be prepared for participation and
participate safely and according to the rules of the
sport. If not, they may share in responsibility for
injury. - The athlete or team has a duty to report conditions to
the team physician and not conceal illnesses, injury, or
symptoms that may occur.
CONTRACTS•Traditionally, many team physicians work with as
little as a handshake or loose agreement.- One should consider “putting it in writing.”
- This contract should outline duties, responsibilities
for providing supplies, compensation, travel expecta-
tions, provision of coverage in your absence, length of
contract, responsibilities for providing preparticipa-
tion examinations, liability coverage, and game deci-
sion processes (such as who has the final word on
return to play issues). - An attorney can be extremely helpful in creating such
a document.
LIABILITYMALPRACTICE COVERAGE•Malpractice is defined as unreasonable lack of skill or
professional misconduct.
•Failure to render professional services under cir-
cumstances in the community by the “average, pru-
dent reputable member of the profession” with
resultant injury or damage to the recipient of those
services.