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.
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