Return To Play Liability Case Study

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Standard of Care

Generally, standards of care for a coach, trainer or organization is that of ordinary reasonable care. That is, a person must conduct themselves as someone in his or her position would reasonably act. For instance, a coach will have to act as a reasonable coach would, and not necessarily an ordinary person. In many cases this means that coaches, trainers, and organizations are held to a higher standard in their conduct than that of an ordinary person. There is no liability for failure to protect athletes against all risks inherent in athletics. However, actors can be liable for taking an action that increases risks to an athlete or failing to prevent foreseeable risks and dangers. In many cases,

Return to Play Liability

One of the most common areas of potential liability is “return to play” decisions. Return to play decisions can be broadly classified as any decision by a person of authority to permit an athlete to resume play in a game or athletic after sustaining an injury. Any return to play decision not made by a parent, guardian or licensed physician is particularly dangerous because it can be viewed as both an unreasonable decision and one in which it is foreseeable that the return to play …show more content…
Kade’s paperwork detailed that he had type 1 diabetes, but after Kade began vomiting and showing signs of DKA he went untreated for nearly 24 hours. Kade was found dead the morning after he arrived at camp. Kade’s parent suit in April 2015 for negligence and wrongful death. The suit alleges that the camp failed to identify camp participants with medical needs, failed to have adequate procedures and proper training for staff and supervisors to deal with participants who reported conditions requiring medical attention, and failed to contact Kade’s parents and emergency contacts once medical illness was known. The suit is
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