When Athletes Get Hurt in Training, Can They Sue Coaches for Overuse Injury?

Participation in athletics comes with the knowledge that injuries could occur.  Sprains and bruises are common and even expected by those who routinely participate in athletics.  However, in some cases athletes sustain injuries from activity that would be considered outside of the scope of routine practice. Common overuse injuries include runner’s knee, swimmer’s shoulder, and shin splints. 

Coaching staffs are in charge of overseeing the training and practice of their athletes.  Therefore, if an athlete suffers an injury from the training regimen that was established by the coach, can you sue a coach for an overuse injury?

According to the Stop Sports Injury website, errors in training, typically a rapid increase in the intensity, duration, or frequency of activity, are what can most commonly result in overuse injuries. It can be difficult to pinpoint the exact activity causing the injury and the time the injury occurred since they usually occur during training.  These injuries should be diagnosed by a medical professional who can also recommend an alternate training regimen or physical therapy if needed.

At what point could the diagnosis of an overuse injury warrant questions about liability or lawsuit?  Attorney Roger Manwaring, writing in Lawyers’ Legal Research & Writing, states that if an injury arises from the intentional or negligent conduct of a coach, the athlete may have a legal claim.  Athletes may consider a lawsuit for negligent training or supervision, or for selecting inappropriate protective equipment. However, such claims can be very difficult to prove, especially considering societal pressures to encourage athletes to compete hard on the field. 

Sports injury laws vary from state to state, but in Massachusetts, for example, a coach is considered a public employee and therefore is immune to a lawsuit under the state’s tort claims act.  However, a school or college, which is considered a public employer, can be sued.  These suits are subject to damage limitations.  Massachusetts law also protects volunteer coaches, managers, umpires, or referees in sports programs serving youth under 18 years old. 

Keeping athletic competition on the playing field rather than in the courtroom is a factor driving much of the law governing legal claims for sports injury.  However, there are instances when such claims are allowed. To learn more, contact us!

Petextrians - Dangers of Distracted Walking:

The proliferation of our electronic devices, such as smartphones, has allowed humankind to keep in touch with a universe of information at a finger swipe.  This has not only given rise to the problem of distracted driving, but distracted walking as well.

We have all seen people wandering down a city sidewalk never taking their eyes off of their screen.  ABC News has reported that this trend has caused an increase in injuries and even deaths to people that are walking while distracted.

The problem is not simply these distracted walkers walking into objects or other people while on the sidewalk, but also when they attempt to cross a street without noticing the color of the traffic signal, resulting in pedestrians being severely injured or killed by being hit by traffic.The fatality rate for pedestrians killed while using a handheld device has risen from 1% in 2004 to 3.5% in 2010.  The number of people injured while walking and using cell phones has doubled since 2005.

State and local governments have become concerned over the increases in deaths due to distracted walking.  Some have taken action including lowering speed limits for cars in some urban areas, fining people who are caught while walking distracted, and initiating awareness campaigns.

People who have caused injuries while walking distracted can be sued, according to Find Law.  People who walk into traffic while using their phones can be found at fault for the accident and, at the very least, find their awards reduced by a jury.

Most importantly to remember is, when using the phone while on a city street, it is best to stop walking and get out of the way of pedestrian traffic until finished.

Contact us for all your medical legal needs. 

State Laws and Institutional Policies for Student Athletes' Head Injuries Now Being Tested in Courts

The challenges brought about in sports medicine liability present many unique ethical and legal questions.  This is especially evident in the context of school and youth athletics.  There has been a lot of media attention, surrounding professional football players in particular, regarding the detrimental effects of repetitive concussions.  However, research shows that children and teenagers actually are more likely than adults to suffer from concussions due to their developing brains and the longer time required for youth to heal from such injuries.

Between 2009 and 2014, all 50 states have now adopted laws regarding concussions in student athletes, including when an athlete can safely return to play following a head injury.  These laws vary from state to state, but typically include three main components:

1.      Education for coaches, athletes, and parents

2.      Mandatory removal of injured student athlete from play/practice

3.      Mandatory implementation of protocols for determining return to play – usually 24hr minimum rest period and clearance from a medical professional.

These laws are now being tested in the courts.  This past spring the New York Times reported on a potential class action lawsuit pending against the Illinois High School Association challenging that organization’s head injury policies.  They are not seeking monetary damages, but rather changes to the head injury policies.

Lawsuits such as these have the potential to define the best policies and practices for youth sports programs.  They can also help to define the baseline duties and standards of care for medical and other professionals who are making decisions in regards to prevention, treatment, and return to play considerations for student athletes.

Please contact us should you need a medical expert with experience in all aspects of sports medicine.

Good Samaritan Laws and Medical Malpractice

Legally, a Good Samaritan refers to someone who renders aid to an injured person in an emergency on a voluntary basis.  That volunteer does owe the person they're rendering aid to a duty of being fairly cautious. Someone isn't required to offer first aid in most states, unless it is part of their job description, however if someone does not at least call for help, some states will consider it an act of negligence.

Good Samaritan laws apply to anyone who renders emergency care or first aid in the scene of an accident, injury or illness, or disaster. This includes EMS personnel, fire fighters, police officers, and even off-duty doctors. While the level of medical wisdom and skill will differ from person to person, the law extends its protection to anyone who falls under its umbrella.

These laws are crucial, since fear of legal repercussions could make many bystanders afraid of stepping in to help an injured or ill individual. For instance, someone is walking on a beach and sees a person in trouble while swimming in the ocean. The good Samaritan goes in and saves the swimmer, brings the unconscious individual to the beach and starts chest compressions, saving his life. Regrettably, during chest compressions, several of the casualties ribs were broken (a fairly common event).  Good Samaritan laws would prevent the victim from suing the rescuer, even though he sustained injuries.

There are a few circumstances where Good Samaritan laws to not apply. If a victim is conscious and verbalizes that they do not want help, their wishes must be respected even if it looks like aid is required. A bystander can help on the grounds of implied consent, if a victim is unconscious and cannot respond. Crises that occur in hospitals or other healthcare facilities, where care is offered by men and women during their routine employment (physicians, nurses, etc.) do not fall under Good Samaritan laws. 

Laws vary in each individual local and state region, so it is vital that you get familiar with the laws where you reside, work and possibly even vacation.

To find out more on medical malpractice and also the law, contact us today!