DUTY OF CARE FOR AMATEUR ATHLETES

Sport Recreation and Exercise Activities (SRE) are extremely popular and vitally important for Children and Youth growth and development.

Legal Parents, Guardians and/or Age of Majority Participants, 18 [Black’s Law Dictionary ]

  • Sign Legal ‘Permission Slips’, which include Waiver and Release for ‘normal inherent, accidental, not-preventable risks’ and injuries that occur within the rules and ethical coaching and supervision conduct of SRE practice and games [Please review: Accidental, Not-Preventable SRE Injuries and understand the difference:  http://www.cappaa.com/accidental-not-preventable-sport-recreation-and-exercise-injuries] [Please review: Accidental, Not-Preventable SRE Injuries and understand the difference: Not-accidental, Preventable SRE Injuries  http://www.cappaa.com/not-accidental-preventable-childrens-sport-injuries]
  • Sign for Coaches, Teachers, Supervisors and other persons to Coach and Supervise Children, Youth, and Age of Majority SRE Athletes
  • Sign, prior to the encounter, Required Legal Permission for Doctors, Trainers and other trained  persons to perform all Athletes examination and treatments  
  • Sign, prior to the encounter, appropriate Informed Consent for medical and surgical examination and treatments. 
  • The decision-making process in SRE health care can be paternalistic, autonomous, or shared. [Testoni D, Hornik CP, Smith PB, Benjamin DK, McKinney RE. Sports medicine and ethics. Am J Bioeth. 2013;13(10):4-12.]

Temporary, substitute, legal duty of care, safety, protection and care-giving supervision for Children, Youth and Age of Majority Athletes participating in SRE  

  • are transferred to Coaches, Teachers, Supervisors and other persons
  • until all required Children, Youth and Age of Majority Athletes activities are concluded [Child Abuse Prevention and Treatment Act of 2011 (Public Law 111-320)] [Nicholas KNAPP, Plaintiff-Appellee, v. NORTHWESTERN UNIVERSITY, an Illinois not-for-profit corporation, and Rick Taylor, Defendants-Appellants. No. 96-3450. Decided: November 22, 19
  • and until minor Children and Youth Athletes are returned to Legal Parents’ or Guardians’ legal care-giving, safety and protection. [Child Abuse Prevention and Treatment Act of 2011 (Public Law 111-320)]

SRE Doctors, Trainers, other SRE Health Care Providers Standard of Care

  1. Requires implementation of physical, emotional, sexual well-being, and protection and safety of all Athletes [Vaulted into Victims: Preventing Further Sexual Abuse in U.S. Olympic Sports Through Unionization and Improved Governance Marc Edelman 1 & Jennifer M. Pacella]
  2. Must use the degree of care and skill of the average health care provider, who practices the provider’s specialty available to the physician.
  3. Utilize reasonable, customary examination and treatments the SRE Doctors, Trainers and other SRE health care providers would customarily or typically do in similar circumstances. [Testoni D, Hornik CP, Smith PB, Benjamin DK, McKinney RE. Sports medicine and ethics. Am J Bioeth. 2013;13(10):4-12.]

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