DOCTORS ARE IN THE CENTER OF THE COMPREHENSIVE MODEL FOR CHILD ATHLETE PARTICIPATION AND SUPERVISION
AND ACCIDENTAL AND NOT-ACCICENTAL ABUSIVE CHILD ATHLETE INJURIES
• After the Sports Participation Doctor Examination, the doctor checks “cleared” to participate in sports.
• Child athlete’s parent or the adult athlete has signed the Sports Participation Waiver prior to participation that relinquishes the Athletes rights to pursue legal action because of injury that is Accidental, Not-preventable because it was inherent, and natural to the way the game is supposed to be played.
• The Waiver does not prevent reporting Child Athlete Abuse and Not-Accidental, Preventable Injuries, resulting from Child Endangerment and Maltreatment and Child Sexual Abuse and Child Human Rights Violations.
• Most courts have ruled that a parent cannot sign away their child’s right to sue for Negligence [2009 Recreation Management]
• Courts do not permit institutions to waive responsibility when they have exercised
Gross Negligence or misconduct intentional or criminal in nature [William H. Glover, Mar 11, 2009, Business Law, Sports]
• “Parents and Guardians cannot give consent for Child Athletes to participate in Sports, Recreation, and Exercise (SRE) that cause serious Physical, Psychological Injuries, Death, Sexual Abuse, Violation of Human Rights
• Consent to participate in SRE is invalid because Maltreatments, Endangerments and Sexual Abuse and Violation of Human Rights are not “reasonably foreseeable hazard’s”
• Are not inherent or natural to the games that are played. “Not Reasonably Foreseeable”
[Kimberly A. Harris, Death at First Bite: 35 ARIZ. L. REV. 237, 248 (1993) See id. at 248 n.104 stating Model Penal Code permits “consent as a defense to serious bodily injury only where such injury is a ‘reasonably foreseeable hazard’ of participation in sports or athletic contests”]
• Reports to CPS, that are not investigated but charted, are held for a potential investigation for a subsequent injury reported supervised by the same Coach.
• Athlete begins participation in the sport and, unbeknown to parent, doctor and athlete, the athlete enters an unsafe sports environment with abusive and negligent coaching supervision.
• Athlete sustains a Preventable, Not-Accidental Injury caused by direct or indirect actions of the coach.
• Athlete returns to the Doctor where the athlete began, when cleared to participate, for a second examination for the injury.
• After the history, examination and treatment of the injured athlete, the doctor suspects the athlete’s injury was the result of Child Athlete Abuse by the coach and the injury was Preventable and Not-Accidental. The Doctor reports the injury to authorities for investigation.
[52. Caregiver Supervision and Child-Injury Risk: I. Issues in Defining and Measuring Supervision; II. Findings and Directions for Future Research Barbara A. Morrongiello Psychology Department, University of Guelph Journal of Pediatric Psychology vol. 30 no. 7 © Society of Pediatric Psychology 2005.]
Example: “In response to the national youth sports safety crisis in America, the National Athletic Trainers Association (NATA) has spearheaded the Youth Sports Safety Alliance, an initiative to raise awareness, advance legislation and improve medical care for young athletes.
“This call to action includes: Ensuring that the youth athletes have access to health care professionals who are qualified to make assessments and return to play decisions, ensuring pre-participation physicals before play begins, and recognizing the difference in pain and injury and working towards the elimination of the culture of playing through pain without any type of assessment.
“In consultation with the NATA Secondary School Athletic Trainers Committee, the NATA Government Affairs Committee and the NATA Federal Legislative Council, the NATA has developed a set of principles surrounding the issue of concussion management and possible future legislation.
“The NATA’s principles include the following: One, increasing student athletes access to certified athletic trainers is the first step in helping to prevent concussion and manage concussions once they occur. Legislation should incentivize schools and school districts to increase the accessibility of an athletic trainer to their student athletes. [The Impact of Concussions on High School Athletes: The Local Perspective, House Hearing, field hearing before the Committee on Education and Labor, U.S. House of Representatives, 111 Congress
Serial No. 111-74]
Doctors and Health Care Personnel are in the center of the Comprehensive Model for Child Athlete Sports, Recreation and Exercise (SRE) participation and supervision and Accidental Child Athlete Injuries and Not-Accidental Child Athlete Abuse Injuries.
When all else fails and severe Not-Accidental, Preventable Child Athlete Injuries continue in epidemic proportions, from Abnormal-Win-At-All-Costs Coaching and Administrative Behaviors, Doctors will assist legislators and determine how Sports will be played, with requested testimony, during governmental hearings, that formulate new legislation concerning Sports rules and regulations.
The following is the Comprehensive Model:
SIGNED PERMISSION → DOCTOR PRE-PARTICIPATION PHYSICAL – EXAM 1.
CLEARED ATHLETE TO PARTICIPATE IN SRE
ATHLETE READINESS → ENETRS INTO UNBEKNOWN CHILD ATHLETE ABUSE SRE
CHILD ATHLETE IS ABUSED → DOCTOR INJURY – EXAM 2.
DOCTOR REPORTS THE INJURY AN ABUSE TO AUTHORITIES
COUNTY ATTORNEY AND/OR CPSAUTHORITIES –INVESTIGATION OF EVENTS, COACH, SRE SUPERVISION
DOCTOR → SUBMITS ICD-9 INJURY+ABUSE MODIFER CODE TO THIRD PARTIES – EXAM 3.
IDC-9 SHOULD BE DATA MINED BY INSURANCE CLAIMS, RESEARCHERS, AND INVESTIGATORS
DOCTOR TO TESTIFY AS EXPERT WITNESS WHEN INDICATED/NECESSARY – EXAM 4.
DOCTOR TO TESTIFY IN CONGRESSIONAL HEARING re:CHILD ATHLETE ABUSE AND ATHLETE SAFETY – EXAM 5.