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Week 11, Topic 1 Legal Issues

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Legal considerations affect most activities within Exercise Physiology. Health screening, exercise testing, exercise ... Not be mentally incapacitated ... – PowerPoint PPT presentation

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Title: Week 11, Topic 1 Legal Issues


1
Week 11, Topic 1Legal Issues
  • Prof. Warren Payne

2
Legal Issues
  • Legal considerations affect most activities
    within Exercise Physiology
  • Health screening, exercise testing, exercise
    prescription, program delivery
  • Written policies, procedures, standards of
    practice
  • Perception of staff competence
  • Settings facilities, equipment, monitoring and
    supervision

3
Risk Management Approach
  • Minimise legal problems
  • Improve overall program because of systematic
    approach

4
Legal claims
  • Often cover alleged violations of
  • Contract law
  • Tort law
  • Statutory laws

5
Contract Law
  • Legal contract a promise or performance
    bargained for and given in exchange for another
    promise or performance, all of which is supported
    by something of value
  • If the clients perceptions as defined within
    the relationship are not fulfilled, a law suit
    for breach of contract may result

6
Informed Consent
  • A specific form of breach of contract
  • Often involve negligence actions
  • Informed consent must be given to perform a
    specific procedure
  • Provides full disclosure of relevant facts,
    knowledge of the material risks, knowledge of
    alternatives and benefits that may reasonably be
    assumed
  • May be written or implied

7
Informed Consent
  • Written approach preferred
  • Should include notations concerning questions in
    order to support the contention that the client
    supported and comprehended the process.

8
Requirements of Informed Consent
  • Be of lawful age
  • Not be mentally incapacitated
  • Know and fully comprehend the importance and
    relevance of the material risks
  • Give consent voluntarily and not under any
    mistake of fact or duress

9
Suits arising from the informed consent process
  • Claims that the professional was negligent in
    explaining the procedure and risks
  • Tendency for the law to require a broadening of
    the disclosure of risks (all as opposed to
    material)

10
Other Informed Consent Issues
  • Breach of confidentiality
  • Need for written authorization to disclose to
    others on a need to know basis
  • Group statistics (reports etc)
  • Impact of new privacy laws

11
Torts
  • A type of civil wrong
  • Most allegations are for negligence or
    malpractice causing injury or death

12
Negligence
  • Failure to conform ones conduct to a generally
    accepted standard or duty
  • Need to prove that the breach of duty resulted in
    harm and damage
  • Need to establish that harm or damage occurred
    and that the injury was specifically attributable
    to the particular action or failure to act in
    accordance with his/her duty of care

13
Negligence
  • Duty of Care obligations are often resolved with
    reference to professional standards and
    guidelines (objective or subjective)
  • Defense
  • Properly given informed consent (assumption of
    risk by plaintiff)
  • Note assumption of risk never relieves the
    profession of duty of care to act in a
    professional and competent manner

14
Negligence
  • Informed consents are NOT waivers or releases
  • Clients negligence (contributory negligence)

15
Liability Insurance
  • Indemnification from any judgment or settlement
    NOT excluded from the terms of the coverage up to
    the limits of the applicable coverage

16
Standards of Care
  • Express the ways and means that services should
    be delivered
  • Consensus statements regarding benchmark methods,
    procedures and processes

17
Standards of Care
  • Mandatory that professionals stay abreast of new
    developments
  • Practices
  • Facilities and equipment
  • Actions and authority to act, competency
    certification (AAESS)
  • Internal quality control and documentation
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