Medical negligence in sports

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Medical Negligence in Sports

S..Srisankar



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400


Coimbatore – 641018.Tel: +91 - 422 - 6552921



Hyderabad - 500034. Tel: +91 - 40 - 6050 6009

[email protected]


Rise of sports in India

With the rise in a number of professional leagues in India since 2008 for example the Indian Premier League, Indian Super league, Pro- Kabbadi Leagues a lot of amateur and professional players tend to play so as the number of participation in India increases a lot of sports related injuries or deaths tend to arise. In case of injuries, the team doctors or the sports doctors play a very important role in finding an effective, accurate and fast treat in order to heal the players quickly due to various pressure and competitive demand faced by such player.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400


Coimbatore – 641018.Tel: +91 - 422 - 6552921



Hyderabad - 500034. Tel: +91 - 40 - 6050 6009

[email protected]


In case of injuries, the team doctors or the sports doctors play a very important role in

finding an effective, accurate and fast treat in order to heal the players quickly due to

pressure and competitive enviroment faced by such player. In some cases due to

medical malpractice or negligence it causes further damage to such athletes. These

damages can be irreparable and such sports professional or amateur may lose their entire

career.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400


Coimbatore – 641018.Tel: +91 - 422 - 6552921



Hyderabad - 500034. Tel: +91 - 40 - 6050 6009

[email protected]


Medical negligence

• In general negligence is as defined as breach of duty to care. The main ingredients of general negligence are: duty of care, breach of duty, breach must cause injury and damage. There has been an overall increase in the number of medical negligence in which a number of people like the working class members and other people like professional sports personals are injured or suffer damages in India. The law establishes that it is a must for the doctors to have a minimum number of qualifications, skills knowledge. This eventually led to the rise of consumer rights and medical liability.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400


Coimbatore – 641018.Tel: +91 - 422 - 6552921



Hyderabad - 500034. Tel: +91 - 40 - 6050 6009

[email protected]


Medical negligence and Consumer protection act

• Professional negligence or medical negligence may be defined as want of reasonable degree of care or skill or willful negligence on the part of the medical practitioner in the treatment of a patient with whom a relationship of professional attendant is established, so as to lead to bodily injury or to loss of life.

• Consumerism is now firmly established in the medical practice and the notion that blame may be attributed and compensated has a high priority



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400


Coimbatore – 641018.Tel: +91 - 422 - 6552921



Hyderabad - 500034. Tel: +91 - 40 - 6050 6009

[email protected]


Civil liability and implied undertaking



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400


Coimbatore – 641018.Tel: +91 - 422 - 6552921



Hyderabad - 500034. Tel: +91 - 40 - 6050 6009

[email protected]


Medical negligence and criminal liability and defenses

• a doctor cannot be held criminally responsible for a patient’s death unless it is shown that she/ he was incompetent, with such disregard for the life and safety of his patient that it amounted to a crime against the State 10.

• Sections 80 and 88 of the Indian Penal Code contain defenses for doctors accused of criminal liability.

• Under Section 80 (accident in doing a lawful act) nothing is an offence that is done by accident or misfortune and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.

• According to Section 88, a person cannot be accused of an offence if she/ he performs an act in good faith for the other’s benefit, does not intend to cause harm even if there is a risk, and the patient has explicitly or implicitly given consent.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400


Coimbatore – 641018.Tel: +91 - 422 - 6552921



Hyderabad - 500034. Tel: +91 - 40 - 6050 6009

[email protected]


Ethics of medical providers in USA

• In general the team physicians and doctors have to heal the players at the best interest of the team. In many circumstances the interest of the team doctors and the individual athletes conflict and other issues may arise. So for these reasons the ethics of sports medicine is required. But however there is no universal code for the ethics of sports medicine as the ethics vary from organization to organization. For instances FIMS (International Federation of Sports Medicine) has their own set codes for the ethics of the sports medicine



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400


Coimbatore – 641018.Tel: +91 - 422 - 6552921



Hyderabad - 500034. Tel: +91 - 40 - 6050 6009

[email protected]


Ethics of sports medicine

A few important ethics of sports medicines are mentioned below:

• Conflict of interest• Confidentially• Decision making• Informed consent• Return to play decision



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400


Coimbatore – 641018.Tel: +91 - 422 - 6552921



Hyderabad - 500034. Tel: +91 - 40 - 6050 6009

[email protected]


Various theories of liability of sports medicine in injury related cases

• Many different theories of negligence have arisen over the years in concerning injuries sustained during contact sports. Although the system is not perfect (none are), certain civil justice system allows theories regulated by rules of procedure and evidence to be subjected to a judgment. Few of these theories are listed below are related to medical negligence:

• Inadequate supervision• Failure to properly observe, refer, or stabilize the injured player• Improper screening or physicals• Failure to warn of risks• Medical malpractice48

• Failure to have an emergency medical plan49

• Improper medical clearance50



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400


Coimbatore – 641018.Tel: +91 - 422 - 6552921



Hyderabad - 500034. Tel: +91 - 40 - 6050 6009

[email protected]


CONCLUSION

• The emergent interaction between sports and medicine has shaped a new need for a greater understanding of how the medicine relates to the sporting world. India needs expert sports medicine laws to regulate the liabilities of various injury related cases and duties to individual and team physicians and also implement certain universal ethics for sports medicine.

Law

Medical negligence in sports