Friday, October 2, 2015

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.


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