NATIONAL CENTER ATHLETE SAFETY ML-P
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NATIONAL CENTER FOR ATHLETE SAFETY MEDICAL-LEGAL PARTNERSHIP (NCASM-LP) WHITE PAPER
Awareness, understanding and implementation of this white paper’s objectives, goals, and mission will simplify and facilitate the deterrence of Child and Youth Amateur Athlete Preventable, Not-Accidental Injuries, Deaths, Sexual Abuse and Human Rights Violations and the deterrence of Criminal and Civil penalties and punishments of Coaches. Both Young Athletes and Coaches are simultaneously at Risk.
Few are aware that from birth to death every aspect of life is touched by Medical-Legal Problems. “Over the last century, tort law has touched on nearly every aspect of life in the United States.” [1.] [2.]
Child (<18) and Youth (15-24) Amateur Athletes and their Sports Environments are no exception. The risks of Preventable, Not-Accidental Injuries and Deaths, Sexual Abuse and Human Rights Disorders and the risks of Coaches for both Criminal and Civil litigation are present-day realities. Many Coaches have been tried in Civil Court for Abnormal Coaching Conduct that resulted in Athlete harm and damage, mainly for sexual abuse. Nowadays, the potential for prosecution in Criminal Court is indisputable.
Balance, moderation, time management, appropriate parental support and proper Child Custodial Protection and Coaching Supervision and Athlete Safety First are necessary for Athlete-Centred Sports and Athlete Rights.
The negative outcomes of sports are the result of Poor Coaching, Parental Pressures and Preventable, Non-Accidental Sports Injuries. [21.]
“Participation in organized sports provides an opportunity for young people to increase their physical activity and develop physical and social skills. However, when the demands and expectations of organized sports exceed the maturation and readiness of the participant, the positive aspects of participation can be negated.”
THE AMERICAN ACADEMY OF PEDIATRICS Policy Statement: Organized Sports for Children and Preadolescents. “To optimize the safety and benefits of organized sports for children and preadolescents and to preserve this valuable opportunity for young people to increase their physical activity levels, the American Academy of Pediatrics recommends the following:
1. Organized sports programs for preadolescents should complement, not replace, the regular physical activity that is a part of free play, child-organized games, recreational sports, and physical education programs in the schools. Regular physical activity should be encouraged for all children whether they participate in organized sports or not.
2. Pediatricians are encouraged to help assess developmental readiness and medical suitability for children and preadolescents to participate in organized sports and assist in matching a child’s physical, social, and cognitive maturity with appropriate sports activities.
3. Pediatricians can take an active role in youth sports organizations by EDUCATING COACHES about developmental and safety issues, monitoring the health and safety of children involved in organized sports, and advising committees on rules and safety.
4. Pediatricians are encouraged to take an active role in identifying and preserving goals of sports that best serve young athletes.
5. Additional research and resources are needed to:
a. determine the optimal time for children to begin participating in organized sports;
b. identify safe and effective training strategies for growing and developing athletes;
c. EDUCATE YOUTH SPORTS COACHES about unique needs and characteristics of young athletes;
d. DEVELOP EFFECTIVE INJURY PREVENTION STRATEGIES.” 22.
But THE AMERICAN ACADEMY OF PEDIATRICS Policy Statement failed to tackle the growing potential Medical-Legal Problems that await injured victims and Coach offenders, that are additional tormenting negative personel, social, economic, physical and emotional outcomes.
The sports community was astonished when the first Coach in history was prosecuted in Louisville, Kentucky in Criminal Court for a 15 year old football Athlete’s death in September 2009. Unfortunately, prosecutions, even with acquittal, as in that grueling trial or the threat thereof, have been shown to be the most effective deterrent to Abnormal Coaching Conduct. [14.][13.]
In 1981 Dr. Edwin R. Guise and Dr. Richard M. Ball, in disapproval, first described the terms: “Socially Approved Athletic Child Abuse” and “Battered-Child-Athlete-Syndrome”, respectively. [ 3.]
In the meantime. authorities and systems in crisis, that were described by the Surgeon General, have failed Child Abuse in general. They have likewise and, more relevantly to this paper, failed our maltreated and endangered Child and Youth Amateur Athletes. In the process, they have also collaterally failed our Coaches, who were included among possible offenders by the Surgeon General. [5.]
Our government has called for the prevention of morbidities such as childhood obesity, hypertension, elevated cholesterol, anxiety, stress, depression, asthma and arthritis from sedentary inactivity, a negative health risk determinant. “In 2009, only 18% percent of high school students surveyed had participated in at least 60 minutes per day of physical activity on each of the 7 days before the survey.” [10.]
Increased physical activity, sports, recreation, and exercise (SRE) participation have been endorsed as remedies. “Participation in SRE activities contributes to health-related fitness.” [11.]
However, “the risk of injury is inherent in any physical activity.” [11.] Inherent injuries are one thing. They are natural to the game that was played. But authorities have not addressed and mandated solutions for Child and Youth Amateur Athlete Injury, Death and Sexual Abuse and Human Rights Violation (CAAS) outbreaks from risks that are not inherent or natural to the sports game that was played. Those types injuries are called Preventable, Not-Accidental.
For this reason Ethical Fitness, incorporating Athlete Safety, Standard Protection and Supervision, are essential for Physical Fitness. [20.]
These Child and Youth health disparities, Preventable, Not-Accidental Sports Injuries, have emerged concurrently with sedentary non-communicable diseases. As one mother of a deceased football athlete, who was denied adequate water during practice said, “its like, let me abuse you and I’ll make you a man.” [12.]
Athlete Protection from Preventable, Not-Accidental injuries, that were not inherent or natural to the game that was played, are the objective of this paper. Their deterrence should be required similar to the prevention of sedentary conditions. Remedies for sedentary conditions without Athlete Safety 1st countered against Preventable, Not-Accidental injuries from SRE activities are useless.
Every year an estimated 2,250,000 school and non-school Child and Youth Athletes are at risk for Preventable, Not-Accidental Sports Injuries or CAAS. There was an estimated 75,200,000 U.S. child (<18) population in 2010 [18.] An estimated 45,000,000 participated in at least one school or non-school sport [19.].
April 29, 2011 the Boston Athlete Abuse Summit was conducted with many disturbing presentations including the presentation by Micheal B. Minix, Sr., M.D. that described “Child Athlete Abuse Syndrome,(CAAS), A New Disease,” a short title for the manifestations of the complete syndrome that had been defined in 2010. [4.]
On September 22, 2011, the Medical-Legal Partnership for Health Act was re-introduced by Senate Health, Education, Labor and Pensions Committee chairman Senator Tom Harkin (D-IA), along with Senators Patrick Leahy (D-VT) and Daniel Inouye (D-HI). The M-LP for Health Act had been tabled since 2010. [6.]
The American Medical Association, the American Academy of Pediatrics, the American Bar Association have endorsed the Bill and M-LPs.
Congress turned its attention to “health disparity populations” (HDP) with negative personal, social, economic and environmental determinants that initiate “harmful health status”. HDPs have major inequality in their “overall rate of disease incidence, prevalence, morbidity, mortality, or survival rates as compared to the health status of the general population.” [8.]
Surprisingly to some, who socially accept sports violence as “part of the game,” Child and Youth Amateur Athletes fit the Bill. Eight thousand (8,000) Child Athletes are treated daily in U.S. Emergency Departments. The NIH, CDC and others have estimated that fifty percent (50%) are Preventable and Not-Accidental. [15.][16.] [17.]
That translates to 4,000 Child Athlete ED visits daily, a healthcare burden. Those are the result of CAAS. Child and Youth Amateur Athletes are a “Vulnerable Health Disparity Population”.
THE NATIONAL CENTER FOR ATHLETE SAFETY MEDICAL-LEGAL PARTNERSHIP (NCASM-LP) was established May 30, 2011. The only other model is Boston’s National Center for Medical-Legal Partnership (NCM-LP) which concentrates on poverty and other social determinants for its health disparity population.
NCASM-LP developed in response to the need for Athlete Safety and both Athlete and Coach protection. Both Athletes and Coaches are potentially victims of our current Child and Youth Athlete Epidemic of Preventable, Not-Accidental Injuries, Deaths, Sexual Abuse and Human Rights Disorders from hazardous Athletic Environments and abnormal Coaching Behaviors.
Coaches are self-inflicted collateral damage. Athletes sustain the Physical, Mental, Sexual and Human Rights Sports Injuries and Coaches potentially are blindsided-by and endure the penalties and punishments of omitted, overlooked and ignored Child and Youth Athlete Protection Laws, after perpetrating their own unlawful recklessness.
There has emerged a “rampant divergence of understandings” concerning the Rules of Law for Amateur Athletes and Child Abuse in general. [7.] Advocates for Athlete Safety call those misguided understandings, “turning a blind eye to winning at all costs”.
Cherry picking child protection law, enforcing only the disease da jure such as Concussion alone without including other morbidities, spares the crime and spoils the law, because it fails the enforcement of coexisting Child Athlete Abuse Laws and does not address the enforcement of Federal Child and Youth Protection Laws. Namely:
• Federal Child and Youth Protection Laws:
1. Child Abuse Prevention and Treatment Act (first enacted Child Protection Law 1974) Has been ammended several times. Most recent ammendments 2003 and 2010
2. Ammendment: Keeping Children and Families Safe Act of 2003. Public Law 108-36.
3. Most Recent Ammendment Enacted: Public Law 111-320, the CAPTA Reauthorization Act of 2010
The legal framework of Child and Youth Protection and Supervision Rules of Law becomes “eviscerated and gutless” when cherry picked, when only promoting prevention of the injury de jure. Enacting piecemeal injury laws, here and there individually in states, are insufficient.
No Physically, Emotionally or Sexually Abused and Human Rights Disorder of Child and Youth in any setting, including Athletes in Sports, should be left behind the cherry picked tree. Everyone should know and abide by the legal framework, the current Rules of U.S. and International Law. Authorities should guarantee their absolute total enforcement, regardless of the unlawful occurrence setting.
NCASM-LP Is an Outreach Virtual Educational Delivery System, a new model, focused on increasing the availability and utilization of Education, Awareness, Knowledge and Understanding about the positive effects of Sports Participation. and about the negative outcomes when Sports Participation is accompanied by hazardous Environments, Abnormal Coaching Conduct and Human Rights Violations and potential Medical-Legal adversities.
Joining our NCASM-LP Network for free educational updates by clicking on “Join Network”, a category among the ribbons on this web site above, and following the simple instructions will deliver important updates from the NCASM-LP to network members.
SPORTS ARE A FUNDAMENTAL GLOBAL ATHLETE HUMAN RIGHT
The United Kingdom Athletics (UKA) Welfare Policy incorporates Child Protection. Currently, Child Protection laws are not included in Coaches’ Education in USA.
United Kingdom Athletics, AAAofE, NIAF, SAL and WA (HC’s) believe that everyone involved in athletics should thrive, fare well and enjoy safety, security and protection from abuse, maltreatment or misconduct. Every individual involved in athletics events and programs is responsible for upholding this belief.
Child Protection Unit in Sports Conference was held 6 October 2011: Birmingham
Child Protection Awareness in Sport and Active Leisure: NSPCC, National Society for the Prevention of Cruelty to Children, Weston House, 42 Curtain Road, London
10 years of safeguarding children in sport was commenrated. This conference marked the NSPCC Child Protection in Sport Unit’s (CPSU’s) 10th anniversary of working in partnership with sport organisations to safeguard children.
“We celebrated the progress made over the last decade and looked forward to new initiatives that will keep safeguarding high on the sport agenda.”
Jonathon Agnew, sports commentator and former international and county cricketer chaired the conference. Other speakers and panelists included:
• John Amaechi, psychologist
• Brian Moore, former England Rugby Union player
• Celia Brackenridge, director, Centre for Youth and Athlete Welfare (CYSAW)
• Anne Tiivas, CPSU director, NSPCC
• Daniel Rhind, lecturer in sports science, Brunel University [23.]
Compliance with the statutory system will operate within the United Kingdom Law, including guidelines and rules set down by the CRB, CRBS and PECS and the Home Office. UNited Kingdom Athletics will work in partnership with Social Services/Work Departments, Police Child Protection Units, ACPCs, CPCs, the CPSU.
Currently, Child Protection laws are not included in Coaches’ Education in USA.
The United Nations weighed-in on the positive effects of Sports on international Athlete and nation development, when sports participation is standard and proper adopting the Treaty of Rights of the Child 1989 and Sports for Development and Peace.
Fundamental for these treaty operations are the Prevention of hazardous Sports and Athletic Environments, abnormal Coaching Behaviors, Athlete Human Rights and Poverty. [Human Rights in Youth Sports by Paulo David published in 2005]. Reasons for Vulnerable Athlete HDPs.
Sports are a universal language and an international pathway for countries and Athletes to advance from poverty. The core during sports participation are:
• Safe Environments, including equipment
• Positive Coaching
• Coaches’ Standard Athlete Protective and Supervision
• Athlete Human Rights Compliance
“The Right of access-to and participation-in sport and play has long been recognized in a number of international conventions. In 1978, United Nations Educational, Scientific and Cultural Organization, UNESCO, described sport and physical education as a “Fundamental Right For All”.
“To enable sport to execute its full positive potential, emphasis must be placed on effective monitoring and guiding of sports activities.” Enviromental and Coaching safety are central.
The U.N. General Assembly proclaimed 2005 as the International Year of Sport and Physical Education (IYSPE). There developed a greater international understanding. The U.N. General Assembly adopted a resolution on Sport as a means to promote education, health, development and peace when executed by ethically and by the rules.
December 2008, the U.N. General Assembly integrated a Secretary into the United Nations Office on Sport for Development and Peace. [United Nations Office for Sports for Development and Peace, UNOSDP]
MISSION STATEMENT:
• Promotes the Positive Outcomes of Sports Participation
• Advocates for the assurance of Safe Environmental and Behavioral Conditions in which Child (<18) and Youth (15-24) Athletes can be healthy when they participate in sports
• Promotes improved Health, Care, Protection, Supervision of Child and Youth Amateur Athletes who are currently a Vulnerable, Global “Health Disparity Population”.
• Safeguard against Child and Youth Athlete Physical and Psychological (Emotional) Maltreatment and Endangerment that cause serious Injuries and Deaths and Safeguard against Child and Youth Athlete Sexual Abuse and Human Rights Disorders.
• Provide Education and Awareness to Coaches and everyone about the penalties and punishments that have been omitted, overlooked and ignored by authorities concerning Child and Youth Athlete Protection Laws
• Provide Education and Awareness to Coaches and everyone for the Prevention of Risks, Reasons and Causes for Criminal and Civil Litigation after perpetrating their own Unlawful Reckless Behavior toward Child and Youth Athletes
• Incorporate Child and Youth Protection Rules of Law in Sports.
NATIONAL CENTER FOR ATHLETE SAFETY MEDICAL-LEGAL PARTNERSHIP:
• Is an Outreach Virtual Educational Delivery system focused on increasing the availability and utilization of Education, Awareness, Knowledge and Understanding about the postive effects of Sports Participation
• Promoting Education, Awareness, Knowledge and Understanding about the negative outcomes when Sports Participation is accompanied by hazardous Environments, Abnormal Coaching Conduct and Human Rights Violations and potential Medical-Legal adversities.
• Is designed to direct Virtual Education, Awareness and Risk Management solutions to all future community based, boots on the ground, Athlete Safety Medical-Legal Partnerships (ASM-LPs) who will provide direct evaluation, examination and treatment of Child and Youth Amateur Athlete Patients.
• Advocates and promotes the surety and promise for compulsory safe environmental conditions and mandatory standard Coaching behavioral requirements in which Athletes can be healthy and safe while participating in sports.
• Strives to prevent environmental and behavioral health determinants, risks, reasons, and causes that harm and damage Child and Youth Amateur Athletes, their safety, health, medical care, protection, supervision and human rights
• Endeavors to prevent the risks, reasons, and causes for criminal prosecutions, civil suits and litigations of Coaches thru education, awareness and risk management implementations and solutions
• Seeks to remove Child and Youth Athlete barriers to Medical and Legal consultations, assistance, assessment and advice
• Intends to meet the Athlete’s unrecognized and undiagnosed Medical and Legal requirements
• Targets Lawmakers that have ignored, overlooked and omitted Child and Youth Amateur Athletes and failed to enforce current law for all vulnerable, violated, at risk Child and Youth Amateur Athletes who are a “Vulnerable Health Disparity Population”.
• Targets Government, Health and Human Services and Public Health Services and their administrative policies for the proper implementation and enforcement of enacted Rules of Child and Youth Protection Laws.
• Aims to influence improvement in Public Health Policy and Government resource and response allocations within Government, Public Health, political, economic and social systems and institutions.
• Promotes the involvement and contributions from medical, Health and Human Services, Public Health, legal, other advocates and supporters
• Works to move our country closer to the day when every Child and Youth Amateur Athlete “has the opportunity to reach his or her highest attainable standard of health” [9.] and Coaches are safe from criminal and civil litigation risks.
• Traditional brick and mortar clinical and educational facilities take time for both patients, physicians and athletic community to navigate and require layers of people to support the process. NCASM-LP systems and virtual network provides educational information, publications, blogs, clinical and legal pod-casts connecting patients, physicians, other clinicians and attorneys, other high-tech clinical and legal pod facilities and other new virtual innovative venues.
• NCASM-LP IS AND WILL BE COMPRISED OF THE FOLLOWING:
1. NATIONAL CENTER FOR ATHLETE SAFETY MEDICAL-LEGAL PARTNERSHIP, P.O Box 910725, Lexington, KY 40591: Develop The National Center for Athlete Safety Medical-Legal Partnership in Lexington, KY.
2. NETWORK: Establish a network and become aligned with community based ASM-LPs, university, community clinics, Doctors, Sports-Medicine Doctors, Trainers and other Healthcare Providers, Law firms, schools and Lawyers. Hospitals, Health Centers, Medical Schools, Residency Programs, Legal Aid Agencies, Law Schools, Pro Bono Firms, MLP Regional Collaborations, International Health-Law Initiatives
3. INFORMATION PATHWAY: Integration and dissemination of information for teaching, training and assistance into the entire Athletic Community, Child and Youth Amateur Athlete Sports participation venues about
a. The importance of Athlete injury, death and sexual abuse reporting and statistics collecting
b. Implementation of epidemic control measures
c. Education about specific examples that cause Amateur Athlete injuries, deaths and sexual abuse
d. Medical-Legal or forensic instruction
3. LIBRARY: Provision of materials and services for Network members and others
4. RESOURCE SECTION: Resource Section to be used by and adapted to ASM-LPs and others that contains Academic Articles.Trainings and Webinars. Pod Casts, White Papers and Reports, Audio Training, ASM-LP Network Resource Library
5. FEED BACK SYSTEM: Feedback mechanism receptive to positive and negative feedback from ASM-LPs and other sources.
6. FEED FORWARD SYSTEM: Feed back components will improve and develop feed forward innovative systems.
• NCASM-LP WAS FORMED BY:
1. Micheal B. Minix, Sr., M.D. Program Director, founder of Athlete Safety 1st, http://www.cappaa.com
2. Attorney Jonathan Little, Legal Partner, Indiana trial lawyer, who has competed at the highest levels of international track and field including the Olympic Marathon Trials in New York. Jon Little has also represented athletes in disputes with National Governing Bodies such as USA Track and Field and USA Swimming
3. Dr. Daniel Rhind. Research Investigator and Psychologist, Member, BIRNAW Group and Brunel University, United Kingdom. He is published by the NSPCC’s Child Protection in Sport Unit (CPSU). He was awarded the Sport Psychology Research Award, leads the Brunel International Research Network for Athlete Welfare (BIRNAW), member of the CPSU’s Research Evidence and Advisory Group and the research committee on the National Organization for the Treatment of Abusers
• http://www.cappaa.com/national-center-for-athlete-safety-medical-legal-partnership
References:
1. [Wikipedia]
2. [Calnan, Alan. 2003. A Revisionist History of Tort Law.]
3. [Weekly World News, Jan 20, 1981, Health News]
4. [Child Athlete Abuse, “A New Disease”. Micheal B. Minix, Sr., M.D.]
5. [Surgeon General's Workshop on Making Prevention of Child Maltreatment a National Priority: Implementing Innovations of a Public Health Approach. 2008]
6. [National Center for Medical-Legal Partnerships, Boston]
7. [Tamanaha, Brian Z. (2004). On the Rule of Law. Cambridge University Press. p. 9.]
8. [Section 485E (Sec. 931) Current Public Health Law (PHL)]
9. [World Health Organization (WHO) Constitution1946]
10. [CDC. Youth Risk Behavior Surveillance—United States, 2009 . MMWR 2010;59(SS-5):1–142.]
11. [Preventing Injury in Sports Recreation and Exercise, CDC Injury Center, Sept 7, 2006in Sports, Recreation, and Exercise]
12. [Rhonda Fincher, Kendrick Fincher Hydration Foundation http://www.kendrickfincher.org/about.htm]
13. [Coach Jason Stinson, TV Interview about the book Factors Unknown by Rodney Daugherty, release 7-11-2011]
14. [NECESSARY ROUGHNESS?: AN ARGUMENT FOR THE ASSIGNMENT OF CRIMINAL LIABILITY IN CASES OF STUDENT--ATHLETE SUSTAINED HEAT-¬RELATED DEATHS David Marck 1/31/2011]
15. [National Institute of Arthritis and Musculoskeletal and Skin Diseases (NIAMS) , NIH Publication No. 09-4821]
16. [The prevention of sport injuries of children and adolescents. Medicine & Science in Sports & Exercise. 1993 Aug;25(8 Suppl):1-7. [iv] Brenner, Joel S. Overuse Injuries, Overtraining, and Burnout in Child and Adolescent Athletes. Pediatrics. Vol. 119 No. 6 June 2007, pp. 1242-1245.]
17. [Keeping Kids Safe in the Game GLOVERSVILLE, NY (08/23/2010) (readMedia)-- Nathan Littauer Hospital in conjunction with STOP Sports Injuries, http://readme.readmedia.com/Keeping-Kids-Safe-and-in-the-Game/1697556]
18. [http://www.childstats.gov/americaschildren/tables/pop1.asp]
19. [Marianne Engle, Ph.D., sports psychologist and Clinical Assistant Professor at the NYU Child Study Center, interview, 2010]
20. ["The IAAF Code of Ethics for Coaches" has been kindly provided by Peter J. L. Thompson of the International Association of Athletics Federations (IAAF).]
21. [The Negative Effects of Youth Sports, Livestrong.com, Steve Silverman]
22. [Committee on Sports Medicine and Fitness, 2000-2001, Reginald L. Washington, MD, Chairperson, PEDIATRICS Vol. 107 No. 6 June 2001, pp. 1459-1462, AMERICAN ACADEMY OF PEDIATRICS:Organized Sports for Children and Preadolescents, Committee on Sports Medicine and Fitness and Committee on School Health]
23. [National Society for the Prevention of Cruelty to Children http://www.nspcc.org.uk/inform/cpsu/cpsu_wda57648.html ]
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NATIONAL CENTER FOR ATHLETE SAFETY MEDICAL-LEGAL PARTNERSHIP (NCASM-LP)
“Few Are Aware that From Birth to Death every aspect of life is touched by Medical-Legal Problems.” Our Athletes and their Sports Environment are included.
On September 22, 2011, the Medical-Legal Partnership for Health Act was
re-introduced by Senate Health, Education, Labor and Pensions Committee chairman Senator Tom Harkin (D-IA), along with Senators Patrick Leahy (D-VT) and Daniel Inouye (D-HI). In 2010 the M-LP Act had been tabled.
“The bill will create, strengthen and evaluate MLP programs across the country.” [NCM-LP, Boston]
The Purposes of the National Center for Athlete Safety Medical-Legal Partnership (NCASM-LP) are the same as the Medical-Legal Partnership Act, but it is not the same as the Boston model NCM-LP. Both, however, fit the bill.
(b) Purposes- The purposes of the Medical-Legal Partnership Act are to–
(1) support and advance opportunity for medical-legal partnerships to be more fully integrated in healthcare settings nationwide;
(2) to improve the quality of care for vulnerable populations by reducing health disparities among health disparities populations and addressing the social determinants of health; and
(3) identify and develop cost-effective strategies that will improve patient outcomes and realize savings for healthcare systems.
“Health disparity population” is defined in the bill as defined in Section 485E (Sec. 931) Current Law Public Health Safety Act, PHSA Sec. 485E:
“a population is a health disparity population if, as determined by the Director of the Center after consultation with the Director of the Agency for Healthcare Research and Quality, there is a significant disparity in the overall rate of disease incidence, prevalence, morbidity, mortality, or survival rates in the population as compared to the health status of the general population, in addition to the meaning so given, the Director may determine that such term includes populations for which there is a significant disparity in the quality, outcomes, cost, or use of health care services or access to or satisfaction with such services as compared to the general population.” (PHSA Sec. 485E)
The Determinants of health include the magnitude of personal, social, economic and environmental factors which determine the health status of individuals or populations. Determinnts of health are more extensive than poverty alone.
“The factors which influence health are multiple and interactive. Health promotion is fundamentally concerned with action and advocacy to address the full range of potentially modifiable determinants of health – not only those which are related to the actions of individuals, such as health behaviors and lifestyles, but also factors such as income and social status, education, employment and working conditions, access to appropriate health services, and the physical environments.”
“These, in combination, create different living conditions which impact on health. Achieving change in these lifestyles and living conditions, which determine health status, are considered to be intermediate health outcomes.” [DefinitionOfWellness.com]
Athlete Safety Medical-Legal Partnerships (ASM-LPs) are to be collaborations between health care providers and Vulnerable Health Disparity Athlete Population lawyers that address the determinants for Athletes inferior safety status.
Doctors and health care personnel, who are participating in ASM-LPs and who identify legal problems, that are barriers to an Athlete’s health, refer the patient to the lawyer. When Vulnerable Health Disparity Athlete Population Lawyers and Legal Systems are part of the ASM-LP health care team, legal aid lawyers, paralegals, law students, pro bono attorneys can provide assessments, consultation, solutions and legal advocacy on behalf of Athlete patients referred to these ASM-LPs.
The American Medical Association, the American Academy of Pediatrics, the American Bar Association have endorsed it M-LPs.
Bipartisan legislation was introduced in both the U.S. House and Senate last year in 2010, but it was not acted upon before the end of the sessions and was tabled. Now the legislation has been re-introduced Sept. 2011.
This important Medical-Legal Partnership for Health Act legislation has the potential to help save sports health care dollars while improving Child and Youth Athletes’ lives after including Child and Youth Athletes. The Medical Legal Partnership for Health Act could provide federal funding for the demonstration and evaluation of the parent group, NCASM-LP, and ASM-LPs programs and their efficacies.
• All sports injury statistics support Child and Youth Athletes’ “Vulnerable Health Disparity Population” claim. See publications on this web site.
• Sports can open doors to development and peace of nations and poverty reduction and reduction of social determinants that negatively affect helath and welfare for many Child and Youth Athletes.
• Sports are a pathway from poverty and social determinants that negatively affect helath and welfare for many Child and Youth Athletes.
• Sports, however, are also a reflection of societies’ pathology. As in other facets of society, sports at the same time of some of the good impacts, encompasses some of the worst human traits, including Athlete physical and emotional mistreatments and endangerments, injuries and deaths, sexual abuse, violence, corruption, discrimination, hooliganism, excessive nationalism, cheating and drug abuse.
• Child and Youth Athletes are a “vulnerable health disparity population” because of the above negative effects of sports.
• However, these negative impacts of sports by no means outweigh sports potential for positive benefits, that we must endeavor to achieve.
• Governments, Societies and Sports Communities should control themselves by building on the positive aspects of sport, reducing the negative outcomes of sports and channeling sports in pursuit of poverty reduction and reduction of social determinants that negatively affect helath and welfare for many Child and Youth Athletes and their families.
• Medical-Legal Aid and Assistence and forensic, medical jurisprudence education for the Vulnerable Child and Youth Athlete Health Disparity Population and the entire Athletic Community is imperative.
• The NCASM-LP is an innovative Public Health initiative recommended by the Surgeon General: [Surgeon General's Workshop on Making Prevention of Child Maltreatment a National Priority: Implementing Innovations of a Public Health Approach, Surgeon General's Workshop Proceedings, National Institutes of Health. Bethesda, Maryland, March 30–31, 2005]
• Athlete Maltreatments and Endangerments that cause Human Rights Violations, Physical and Psychological Injuries and/or Deaths and Athlete Sexual Abuse require Doctor Medical Evaluations and Treatments. They also might provoke Criminal Prosecution and Civil Legal Damage claims, unfortunately.
• “Medical Jurisprudence is the branch of the law that deals with the application of law to medicine or, conversely, the application of medical science to legal problems.
• “Medical jurisprudence is called “Forensic medicine and also extremely important in cases involving rape and sexual abuse.
• “Medical jurisprudence may be involved in cases concerning injury or death resulting from violence. An autopsy, blood chemistries, rape kit examinations and/or other medical laboratory tests may be done to help determine the agent of injury, death or sexual violation. [MedicineNet.com]
• ASM-LPs are boots on the ground, university and local community based clinic alliances, patterned after the World Health Organization Wider World Society Model for the Prevention of Determinents, Risks, Reasons and Causes for Morbidities and Mortallities among the Vulnerable Athlete Health Disparity Population.
• ASM-LPs are not limited to an Impoverished and Disadvantaged Health Disparity Populations, although they often represent the majority of those in need of aid and assistence.
• ASM-LPs are to be regional, local community subdivisions of the NCASM-LP. which is an Educational Alliance for instruction of ASM-LPs and others.
• The National Center for Medical Legal Partnership Boston Model has a limited population scope and model unlike the NCASM-LP and WHO Model.
• The National Center for Athlete Safety Medical-Legal Partnership Educational Model focuses on the Vulnerable Child and Youth Amateur Athlete Health Disparity Population.
NATIONAL CENTER FOR ATHLETE SAFETY MEDICAL-LEGAL PARTNERSHIP (NCASM-LP)
NCASM-LP is the Seed Foundation and progeny of all ASM-LPs and the partnership originator of ASM-LPs thereof, when duly organized and founded.
PRIMARY MISSIONS, GOALS, AND OBJECTIVES:
1. Promotion of Athlete Safety 1st
2. Forensic and Medical Jurisprudence Education for Child and Youth Athletes, Coaches, Doctors, Administrators, School Officials, Attorneys, Families and the entire Athletic Community.
3.. Main Objectives
• Athlete Safety 1st
• Safe-Keeping of the Coach from Litigation and Prosecution
4. Prevention of Determinants, Risks, Reasons and Causes for Child and Youth Amateur Athlete Human Rights Violations and Physical and Psychological Maltreatment and Endangerment that cause Serious Injuries and Deaths .
5.Prevention of Determinants, Risks, Reasons and Causes for Child and Youth Amateur Sexual Abuse
6. Prevention of Determinants, Risks, Reasons and Causes for Criminal Prosecution, Civil Suit and Litigation of Coaches thru Education, Awareness and Risk Management Implementation.
7. NCASM-LP advocates target identification, recognition, implementation and enforcement of current Government and Public Health incorrect administrative policies concerning Child and Youth Athlete Safety. The lawful identification, recognition, implementation and enforcement targeted are the Child Abuse Prevention and Treatment Act 1974 most recently amended and reauthorized as the KEEPING CHILDREN AND FAMILIES SAFE ACT OF 2003 PUBLIC LAW 108–36
8. Lawmakers have ignored, overlooked and omitted Child and Youth Athlete Maltreatments, Endangerments and Abuse. Lawmakers have failed to enforce current law for all vulnerable, violated, at risk populations, our Athletes which are additionally a “Vulnerable Health Disparity Population”. We advocates are referring to Laws on the Books: TITLE I—CHILD ABUSE PREVENTION AND TREATMENT ACT Sec. 101. Lawmakers have Failed Subtitle A. General Program that has not included Athletes and Sec. 111. Child Abuse Information Exchange that has not included Athletes. This is a Simple Solution.
9. NCASM-LP aims to influence improvement in public health policy and government resource and response allocations within government, public health, political, economic and social systems and institutions.
10. PUBLIC HEALTH is “FULFILLING SOCIETY’S INTEREST IN ASSURING CONDITIONS IN WHICH PEOPLE CAN BE HEALTHY”
• ATHLETE SAFETY 1ST ADVOCATES THE ASSURANCE OF CONDITIONS IN WHICH ATHETES CAN BE HEALTHY WHILE PARTICIPATIING IN SPORTS.
• “move our country closer to the day when every person has the opportunity to reach his or her highest attainable standard of health” including Child and Youth Athletes who suffer Preventable, Not-Accidental Injuries and Deaths and Sexual Abuse and Human Rights Disorders.
Five determinants of population health are generally recognized in the scientific literature:
• biology and genetics (e.g., sex),
• individual behavior (e.g., alcohol or injection drug-use, unprotected sex, smoking),
• social environment (e.g., discrimination, income, education level, marital status),
• physical environment(e.g., place of residence, crowding conditions, built environment [i.e., buildings, spaces, transportation systems, and products that are created or modified by people]),
• and health services (e.g., access to and quality of care, insurance status).
[Tarlov AR. Public policy frameworks for improving population health. Annals of the New York Academy of Sciences. 1999;896:291-293.]
“This white paper outlines the strategic vision of CDC’s National Center for HIV/AIDS, Viral Hepatitis, STD, and TB Prevention for reducing health disparities and promoting health equity related to our conditions of interest.”
“The purpose of the white paper is to advance a holistic approach to the design of our public health programs to advance the health of communities and increase their opportunities for healthy living.”
Historically, many public health efforts have focused on individual behaviors. SDH typically refers to the latter three categories (i.e., social environment, physical environment, and health services), which are not controllable by the individual but affect the individual’s environment. These three determinants are the focus of this white paper. [Establishing a Holistic Framework to Reduce Inequities in HIV, Viral Hepatitis, STDs, and Tuberculosis in the United States, An NCHHSTP White Paper on Social Determinants of Health, 2010] [Establishing a Holistic Framework to Reduce Inequities in HIV, Viral Hepatitis, STDs, and Tuberculosis in the United StatesAn NCHHSTP White Paper on Social Determinants of Health, 2010]
The World Health Organization’s (Who) definition is similar: “The social determinants of health are the circumstances in which people are”
• born
• grow up
• live
• work
• and age
• as well as the systems put in place to deal with illness.
These circumstances are in turn shaped by a wider set of forces:
• economics
• social policies
• and politics
[Social Determinants of Health (SDH) Key Concepts , World Health Organization]
“Recognizing the need to incorporate a more holistic framework to eliminate health disparities, several wide reaching public health efforts include incorporation of data on SDH in health-monitoring systems.”
“In the U.S., Healthy People 2020 contains an overarching topical area on SDH, and, for the first time, includes indicators and objectives addressing SDH. The World Health Organization’s Commission on Social Determinants of Health recommended that data on SDH be collected and analyzed in conjunction with health data.”
“The goal of both efforts is to provide comprehensive data to develop holistic programs to reduce health inequities.” [USE OF DATA SYSTEMS TO ADDRESS SOCIAL DETERMINANTS OF HEALTH: A NEED TO DO MORE Kathleen McDavid Harrison, PhD, MPH Hazel D. Dean, ScD, MPH]
“The classic 1988 IOM report The Future of Public Health defines the essence of our field as “fulfilling society’s interest in assuring conditions in which people can be healthy.”
“Beginning to assess and address those conditions through a social determinants approach opens the door to innovative ways of improving public health. Measuring what is ultimate, as well as what is important, will surely move our country closer to the day when every person has the opportunity to reach his or her highest attainable standard of health.” [Institute of Medicine. The future of public health. Washington: National Academy Press; 1988.] [Howard K. Koh, MD, MPHa Commentary, Public Health Reports / 2011 Supplement 3 / Volume 126
"CDC acknowledges the substantial SDH work that has been done by partners both domestically and globally. National Center would like to build on these accomplishments by implementing the activities outlined in this white paper, advancing SDH science, using inspiring and dynamic communication strategies, and employing effective policies."
"The hallmark of this work will be a stronger, more diverse set of Partners; an expanded evidence-based prevention portfolio that reflects the broad range of determinants that impact health outcomes; a workforce well informed about SDH; and ultimately a healthier population in all communities nationwide."
[Establishing a Holistic Framework to Reduce Inequities in HIV, Viral Hepatitis, STDs, and Tuberculosis in the United StatesAn NCHHSTP White Paper on Social Determinants of Health, 2010]
11. NCASM-LP Government Advocacy is motivated from moral, ethical, and Medical-Legal principles as well as Medicalized Diagnostic and Procedure Codes that includes Athletes and Illegalized Behavioral Laws, which protect Athlete Safety 1st, penalize Coaches and enhance the anticipated Athlete Centered Sports Systems.
Children and Youth are our main assets of interest. Our Society and Culture have not approved Harm and Damage to our Child and Youth Athletes. Its not ok. We don’t want it to slide beneath the radar.
12. NCASM-LP OUTREACH PROGRAM is an Educational Delivery System concentrated on increasing the availability and utilization of awareness, knowledge and understanding about Child and Youth Athlete Medical-Legal Morbidity and Mortality secondary to abnormal Coaching Behaviors.
13. NCASM-LP will initiate direct intervention, interaction and delivery of educational services with systematic methods beyond conventional limits to ASM-LP, Child and Youth Athletes, Coaches and the entire Sports Community, our target populations, who have not accessed and are not likely to access Athlete Medical-Legal Educational Services independently.
14. Child and Youth Athletes require the involvement and contributions from Medical, Legal, other advocates and supporters and successful grant approval.
SPORTS AND POVERTY REDUCTION
Sports initiatives can open doors to development and peace of nations and poverty reduction. Sports are a pathway from poverty for many children and youth.
Sport in the broad definition are all forms of physical activity that promote physical fitness, mental well being, social interaction through play, recreation, organized recreation and competitive sport, and indigenous sports or games.
The definition of poverty includes political, socio-cultural, economic, human and protective dimensions, [ Amartha Sen and adopted in the 2001 OECD/DAC Guidelines on Poverty Reduction]
Play, especially among children, is any physical activity that is fun and participatory. It is often unstructured and free from adult direction.
Recreation is more organized than play and generally entails physically active leisure activities.
Sport is more organized again and involves rules and customs and sometimes competition.
Importantly, play, physical recreation and sport are all freely chosen activities undertaken for pleasure.
“Sport for all” initiatives “aim to maximize access to and participation in appropriate forms of physical activity. Emphasis is placed on participation and the inclusion of all groups in society, regardless of gender, age, ability or race.”
“Many of the core values inherent in sport are compatible with the principles necessary for development and peace, such as fair play, co-operation, sharing and respect.”
“The life skills learned through sport help empower individuals and enhance psychosocial well being, such as increased resiliency, self-esteem and connections with others. These features of sport are beneficial to people of all ages, but they are especially vital to the healthy development of young people.”
Sport, however, is also a reflection of society pathology. As in many aspects of society, sports at the same time encompasses some of the worst human traits, including Athlete physical and emotional mistreatments and endangerments, sexual abuse, violence, corruption, discrimination, hooliganism, excessive nationalism, cheating and drug abuse.
However, these negative aspects of sport by no means outweigh its potential positive benefits.
Governments and communities should harness themselves to build on the positive aspects of sport, reduce the negative outcomes of sports and channel sports in pursuit of poverty reduction for children, youth and families.
[UNICEF/Malawi 040508F-credit Christine Nesbitt]
[United nations, Sports for Development and Peace]
There are 2.2 billion children in the world, 1billion live in poverty. Poverty encompasses all people who are deprived of basic human needs due to economic and social factors.
Although poverty is defined differently around the world, these basic human needs include clean water, nutrition, health care, education, clothing, and shelter. The effects of poverty lead to health issues, physical and mental endangerment, sexual abuse, violence, drug use, and increased negative performance in school.
Children born into poverty have a formidable challenge to lift themselves out of poverty. Sports Gift believes that sport can be a powerful influence to lift these children and youth out of poverty.
Sport is a universal activity and language that transcends geographies and cultures. Children living in extreme poverty can be stripped of joy and their life can take on a sense of hopelessness.
Not only do the children receive a special blessing through sports, but parents in these communities are lifted in hope and optimism seeing their children run, play and laugh through the gift of sports equipment.
“We offer sports related community service programs to individuals, youth groups, schools, churches, businesses and other groups which allow them to serve others by providing the gift of sports to impoverished and disadvantaged children around the world.”
[Gift of Sports]
WHO, THE WORLD HEATLH ORGANIZATION, DEFINED THE COMPLETE, WIDER WORLD SOCIETY OF HEALTH DISPARITY DETERMINANTS, RISKS, REASONS AND CAUSES
• WHO Includes a Wider World Society Definition of Determinants, Risks, Reasons and Causes for Health Disparity that is more comprehensive than the heretofore definition employed by the National Center for Medical Legal Partnership, Boston Model
• WHO Includes the Determinants, Risks, Reasons and Causes of Health Disparity that Impact Participation in other populations such as populations engaged in Recreational Activities
• WHO Includes, in their definition of Health Disparity, Children and Youth who participate in Recreational Activites and Amateur Athletes who participate in
Competitive Sports Activities
• WHO and ATHETE SAFETY MEDICAL LEGAL EDUCATION PARTNERSHIP (ASMLP) MODEL, separately but analogously, undertake the Prevention and Deterrence of the Wider World of Determinants, Risks, Reasons and Causes for Child and Youth Athlete Health Disparity. ASMLP. The Mission, Goals, Objectives:
• ↓ Reduction in the Determinants, Risks, Reasons and Causes of the Child and Youth Athlete Disease, Injury and Death and Child Rights Violations, presently Epidemic during Sports Participation, thru Education, Awareness and implementation of Risk Management for Coaches.
THE PROJECTED IMPACT Of THE NATIONAL CENTER FOR ATHETE SAFETY MEDICAL-LEGAL PARTNERSHIP (NCASMLP) AND COMMUNITY BASED ASM-LP MODELS WILL BE CHILD AND YOUTH ATHLETE:
• ↑ Physical and Recreational Participation
• ↑ Social Cohesion in the Wider World Amateur Sports Society
• ↑ Social Interaction in the Wider World Amateur Sports Society
• ↑ Health and Welfare during Early Childhood Development and Education
• ↑ Good Health Habits, Education and Recreation
• ↑ Good Health Habits ↑ Eating, ↑ Exercising and ↓Smoking
• ↑ Quality of Social Relationships, a Positive Impact of Sports
• ↑ Quality of Social Interactions, a Positive Impact of Sports
• ↓ Alcohol, Drugs, Tobacco use
• ↑ Good Diet
• ↑ Economic Growth
• ↑ Exercise that reduces Obesity, Diabetes, Heart Disease
• ↑ Regular Exercise and Life Protection
• ↓ Social Isolation
• ↑ Benefits of Holistic Health
• Holistic Health is the Field of Medicine where all aspects of people’s Psychological, Physical and Social Requirements are taken into account and seen as a whole.
[Social Determinants of Health, the Solid Facts, 2nd Ed. World Health Organization, Wilkerson and Marmot 2003]
• Prevenion of Child and Youth Amateur Athlete Human Rights Violations and Child Athlete Abuse Syndrome (CAAS), a short title for a Clustering of Athlete Pathologies, Diseases, Injuries and Deaths from Preventable, Not-Accidental Risks.
• Prevention of Coaches Criminal Prosecution, Civil Suits and Litigation for a Clustering of Athlete Pathologies, Diseases, Injuries and Deaths from Preventable, Not-Accidental Risks.
ASMLP MODEL IS PROMOTING:
• Education and Awareness aboutChild and Youth Amateur Athlete Safety, Health. Welfare
• Education and Awareness aboutAthlete Medical Legal or Forensic Medicine Determinants, Risks, Reasons and Causes that result in Disease, Injury, Death and Human Rights Offenses from Improper Child and Youth Amateur Athlete Protection and Supervision by the Coach
• Medical-Legal Aid
• Medical-Legal, Forensic Advocacy
• Medical-Legal, Forensic Expertise
• Medical-Legal, Forensic Consultation
THE NATIONAL CENTER FOR ATHETE SAFETY MEDICAL-LEGAL PARTNERSHIP ©
The National Center for Athlete Safety Medical-Legal Partnership (NCASM-LP) is in its first organizational planning infancy phase. It transfigured from the Athlete Safety 1st M-LP beginning stage into its present NCASM-LP stage. Many Medical Legal-Partnerships have different philosophies, missions, goals, objectives and there are several dissimilar M-LP models.
All M-LP models are not the same as the first formed NCM-LP, Boston Model. Considerable work, effort and design will be required for completion of the final NCASM-LP headquarters and administration.
The NCASM-LP is an educational medical-legal delivery system designed to improve Athlete Safety, Health. Care, Protection, Supervision and Athlete Human Rights. Vulnerable Global Child and Youth Amateur Athlete, a “Health Disparity Population” and, at the same time, Prevent Abnormal Coaching Behaviors and their legal dilemmas.
By integrating Injury Epidemic Control Measures, Medical-Legal or Forensic Educational Teaching, Training and Assistance into Child and Youth Amateur Athlete Sports settings, the NCASM-LP will strive for the prevention of the current Child and Youth Athlete Injury and Death Epidemic. State and federal Governments, Health and Human Services and Public Health have failed to address this epidemic.
NCASM-LP can help Athletes meet Athlete Safety, Health. Medical Care, Protection, Supervision and Human Rights needs while, concurrently, preventing Criminal Prosecutions, Civil Suits and Litigations of Coaches thru Education, Awareness and Risk Management Solutions. No one wants jail time for Coaches. Prevention is the best means to that end.
NCASM-LP will become aligned with community based ASM-LPs, university, community clinics, Doctors, Sports-Medicine Doctors, Trainers and other Healthcare Providers, Law firms. schools and Lawyers for that Education, Awareness and Risk Management for complete achievement.
The NCASM-LP will work to improve Athlete’s access to Safety, Health. Medical Care, Protection, Supervision and Human Rights. NCASM-LP will eventually train frontline healthcare and legal providers through cross-disciplinary classes in law schools, medical schools, internships and residency programs.
NCASM-LP can benefit Athletes, Coaches, healthcare and legal systems. “Multiple pilot studies across the MLP network have demonstrated the range of impact that MLPs have on improving health outcomes and achieving a positive return on investment.” [NCMLP Boston MA]
The Athlete Safety 1st Medical-Legal Partnership (AS1stM-LP) was formed by Micheal B. Minix, Sr., M.D. Doctor and Program Director, Attorney Jonathan Little, Legal Partner and Dr. Daniel Rhind. Psychology Member, BIRNAW Group and Brunel University, United Kingdom. The first ASM-LP evolved into the NCASM-LP, a Virtual Educational Clinic in the beginning.
The Athlete Safety 1st Medical-Legal Partnership was a newly formed Partnership comprised of 2 Partners, 1 member and 1 Virtual Educational Clinic associated with web site Athlete Safety 1st, CAPPAA. CAPPAA has been operational since 2009 i.e. © copyright 2009.
The Athlete Safety 1st Medical-Legal Partnership was transformed into the National Center for Athlete Safety Medical-Legal Partnership (NCASM-LP).
Future community based ASM-LPs will be created to improve Athlete Safety, Health. Care, Protection, Supervision and Human Rights through University, Community Based and other Healthcare and Legal Delivery Systems, while preventing legal difficulties for Coaches. Education and Awareness are key.
Traditional brick and mortar clinical and educational facilities take time for both patients and physicians to navigate and require layers of people to support the process. Future models of ASM-LPs under the guise of the NCASM-LP, will establish forensic medical-legal care delivery systems, virtual networks providing educational information, publications, blogs and Clinical and Legal Pods, connecting patients, physicians, other clinicians and attorneys, other high-tech Clinical and Legal Pod facilities and other new virtual innovative venues.
Athlete patients and their families are encouraged to Log-on to Athlete Safety 1st, CAPPAA, http://www.cappaa.com/ before and after preventable, not-accidental injuries occur to Improve Athlete Safety, Health. Medical Care, Protection, Supervision and Human Rights understanding and education while NCASM-LP moves forward dispatching its Mission, Goals and Objectives.
The NCASM-LP is designed to direct Education, Awareness and Risk Management to all future community based ASM-LPs to:
• Remove Child and Youth Athlete barriers to Medical and Legal consultations and advice
• Meet the Athlete’s unrecognized and undiagnosed Medical and Legal requirements
• Eliminate Legal Determinants, Risks, Reasons, and Causes that harms Child and Youth amateur Athlete Safety, Health, Medical Care, Protection, Supervision and Human Rights
• At the same, Prevent Criminal Prosecutions, Civil Suits and Litigations of Coaches thru Education, Awareness and Risk Management Implementations and Solutions
____________________________________________________________________
ASM-LP ALGORITHM MIGHT AVERT INJURY CLAIMS AND LITIGATIONS
ASM-LP algorithm is an effective method expressed as a list of well-defined instructions for analyzing a function. The ASMLP Algorithm can be used data processing and programmed reasoning. It is a step-by-step ASMLP procedure.
Doctors, Trainers, and other Health Care Providers will be the first to examine and treat Athlete Patients for Injuries.
Doctors, Trainers, or other Health Care Providers will identify the Athlete Patient needs as they present themselves during history taking.
During the encounter, if the Health Care Provider detects that the injury was Not Accidental and was Preventable and the Athlete Patient is upset and concerned about the cause of the injury, afraid of continued sports participation and behavior of the Coach and worried about Sports malatreatments and endangerments such as the environment or other concerns and interested in consultation with an ASM-LP, the Provider will inquire about a referral of the Athlete Patient to the ASM-LP.
If the Athlete Patient requests a Consult with ASM-LP, the Health Care Provider contacts the ASM-LP for an appointment.
The Health Care Provider Contacts ASM-LP. Every ASM-LP should publicize their contact information i.e. Pager # Phone # (After hours – leave message with Referral Information)
Referral Information: Name of Referrer (Doctor / Health Care Provider), Pager ID, Brief summary of advocacy needs.
ASMSpecialist Consults with Referring Doctor / Health Care Provider who provides a summary of Athlete Patient’s Advocacy Requirement
ASMSpecialist schedules Athlete Patient for intake and examination via ASM-LP.
ASMSpecialist conducts intake and history at ASM-LP and if indicated refers the Athlete Patient to the Legal Partner
ASM Legal Partner conducts a consultation and assessment that will dictate the Response
ASM-Legal Partnership Classifies the Injury by the following guidelines:
Warning Signs of Potential Athlete Injuries
Serious Injury with Good Prognosis for Recovery
Serious Injury with Poor Prognosis for Recovery
Catastrophic Injury with no hope of Recovery
Death
ASM-Legal Partner manages Legal Requirement and Response Options according to the assessment level in the above Classifications of Injury
Immediate Reactions when indicated and Pro-Bono when appropriate:
• Criminal Requirement: Referral to County Attorney and Child Protective Services (CPS) when indicated
• Civil Response managed by Legal Partner
• Contact the health Care Provider to confirm Injury treatment and insure that injury management was completed
Delayed Reactions when indicated and Pro-Bono when appropriate:
• Criminal Requirement and Referral to County Attorney and CPS when appropriate
• Civil Response managed by Legal Partner
• Teammate Athletes Preventative Measures managed by Legal Partner
• Public Policy change advocacy initiated by Legal Partner or Referred to Advocacy Group
Disposition of Patient When Patient’s Legal Need is NOT sufficient to warrant complete management by ASMLP and Pro-Bono when appropriate:
• ASM Legal Partner resolves legal question during consultation and assessment
• ASM Legal Partner advises health care staff that issue is non-legal; health care staff refers to social work
• ASM Legal Partner advises health care staff to refer Athlete Patient to other legal services resource