Emergency and Legal Issues

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Emergency and Legal Issues
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Emergency Procedures and Policies

• First Aid and CPR Certification
• Facility Readiness
• EMS Plan
• Procedures
• Emergency Contact Information
• Emergency Equipment mask, Oxygen, AED
• Blood pressure equipment
• Wound management

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Staff Readiness

• First Aid/CPR
• Activate EMS
• Give proper directions
• Know location of equipment
• Know responsibilities of others
• Provide First-response assistance
• Be able to account and document incident

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Facility Issues

• Liability Forms
• Inherent Risk
• Documentation file
• Maintenance file
• Safety Check list

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Legal and Professional Issues for the Personal
Trainer

• Independent contractor-people who conduct
  business on their own behalf on a contract basis
  and are not employees of the organization.
• Respondent superior the legal doctrine whereby
  and employer is responsible for the torts of
  their employee.
• Torts a civil wrong committed either by
  negligence or intentional conduct.

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Tort Law

• Elements of Negligence
• Legal Duty the standard of care (may exist
  whether training for free or for fees)
• Supervision
• Safe environment
• Facilities
• Equipment
• Proper Instruction
• Planning and technique
• Certification, emergency procedures

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Negligence

• Failure to act as a reasonable and prudent
  professional (person) in a similar situation
  would act.
• This can either be an unreasonable action or an
  unreasonable failure to act.
• A person alleging negligence must establish a
  duty and a breach of duty that was the proximate
  cause of damages.

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Negligence

• Duty a legal obligation or responsibility
• Breach of Duty failed the standard of care,
  what is the industry standard?
• Proximate Cause an injury occurred due to the
  breach of duty
• Damages (can include lost wages, pain and
  suffering, medical expenses)
• The damages must be a foreseeable consequence of
  the negligence.

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Standard of Care

• The degree of care that a reasonable prudent
  professional would follow.
• The level of competence in the community of
  similarly trained professionals.

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Assumption of Risk

• A legal defense used to show that a person has
  voluntarily accepted known dangers by
  participating in a specific activity

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Contract

• A legally binding agreement. It can be an
  agreement stating services, fees, and other
  pertinent information pertaining to the
  trainer/client relationship.
• It should be in writing and signed by both
  trainer and client.

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Informed Consent

• Voluntary acknowledgement of the
  purpose,procedures, and specific risks of an
  activity in which one intends to engage.
• Should be in writing and signed by the client
  after the trainer has clearly explained the risks.

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Inherent Risk

• Those risks that exist under normal circumstances
  in a safe environment.
• The participant in an activity must understand
  and appreciate the risks of the activity
  following an explanation by qualified personnel.

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Additional Professional Issues

• Confidentiality
• Scope of Practice
• Risk management
• Preparing for emergencies
• Liability insurance
• The unauthorized practice of medicine
• Americans with Disabilities Act a civil rights
  law granting people with disabilities equal
  access and opportunities.