Medico Legal Issues in Sportscyradoux
While external specialists may have a legal obligation as soon as they enter into a physician-patient relationship, ultimate authority rests with the team physician, subject to legal restrictions on athlete participation.22 In addition to the team physician, external consultants may also be held liable for erroneous and/or negligent decisions regarding the athlete`s return to match operations. However, the team doctor may be guilty of mandatory negligence if he or she allows participation after non-medical approval, if the resumption of play results in sports injury or death.22 The team physician cannot escape liability by accusing the consultant of negligence. If a team physician is faced with a manifestly erroneous external authorization, adherence to the appropriate standard of care must be followed, otherwise the physician may be exposed to the consequences of the opposite course of action. If the decision to exclude the athlete from participation contradicts the opinion of a well-reasoned expert, a reconsideration of the athlete may be necessary. The practice of sports medicine represents a unique subspecialty within the discipline of medicine. Practitioners care for athletes engaged in activities that may put athletes at risk of serious injury. Physicians can be held legally liable if they fail to conduct a standardized assessment prior to participation, if they do not provide adequate care on-site or after an injury, or if they violate a person`s civil rights by refusing to continue to participate because of a medical risk. The courts are now called upon to define the obvious and necessary risks. Medical law deals with the conduct, obligation and liability of physicians who care for athletes.
Many ethical and medico-legal issues need to be resolved by the legal system, as coaches, athletic coaches, on-call physicians, doctors who perform physical examinations before participating, and the team physician are held liable for injuries sustained during sports competition. This review is intended to help all doctors caring for athletes to highlight their legal obligations and risks. With this knowledge, we expect the sports physician to be better able to focus on patient care as part of medical obligations. These assumptions may not fully apply to the team physician working for a professional sports organization. Bottomley7 asked how a team physician who also acts as an agent of a sport organization can represent the interests of the athlete and the organization. Team doctors defended their ties to sports organizations and the care of their athletes as similar to those of an occupational physician and an employee of the same company. In this regard, the occupational physician may be used by society primarily to serve its interests.12,30 Regardless of the relationship between the team physician and the sports organization, any medical information that the physician discovers during a clinical examination must remain confidential.15 If a physician discloses information without the athlete`s consent, He may be guilty of breach of solicitor-client privilege and invasion of privacy. be found.
So how does the team physician employed by a sports organization balance professional and legal obligations to the patient (athlete) and the employer (organization)? Waddington and Roderic38 described two approaches that can be used by the team physician to maintain patient confidentiality, avoid liability, and not hide important information from the employer`s organization. The first approach is to inform the athlete directly about the working relationship with the sports organization. As the organization`s team physician, the athlete must be informed of the relevant responsibilities and that any information disclosed may be shared with coaches or team management. A team physician employed by a professional sport organization may want the athlete to sign documents showing that they understand the physician`s relationship with the sport organization. The second approach involves anticipating additional disclosures. If potentially harmful information is heard that may affect the athlete`s playing status or employment, any further discussion that is not related to the immediate injury or its treatment should be discontinued. Inform the athlete that any further disclosure of information will not be kept confidential and will be discussed with coaches or team management. If the athlete wishes the disclosure to remain confidential, the conversation must be interrupted and continued with another physician.38 Ethical conflicts arise from the position of medical clinicians within the hierarchy of sports medicine. One wonders why the ethics of sports medicine are different from the ethics of public health. The traditional clinical relationship with the patient, which views confidentiality and patient interests as central concerns, can be compromised by the unique structure of sports medicine, especially at the elite level.
Sports medicine at elite level, like Premier League football, takes place in a complex environment that can involve the pressure of a large sum of money. This can put pressure on medical clinicians through trainers, management, media, and sponsors. The medico-legal implications and the potential implications for medical ethics in this environment are unique and of paramount importance.