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Medical Negligence In Sports

No human is impeccable, everyone makes mistakes, we would have come across many cases where the skilled medical practitioners have been negligent while identifying injuries, or being careless during the diagnosis of the same. This article throws a light upon cases where the doctors have been medically negligent during the emergency situation.

Medical Negligence:

In most cases, negligence is seen as a breach of duty to care.The essential elements of general negligence are the duty of care, breach of duty, the breach or a violation that originate injury and damage. A profession in sport is definitely a fantasy portrayal for many and this is no variant for medical practitioners who are either engaged by the sports clubs themselves or seize referrals, on an individual basis.

The risks for practitioners working at first-class levels of sport are very important, with some professional reimbursement insurers even declining to indemnify practitioners who work at the first-class levels due to the monetary ramifications if something goes amiss or a skilled sportsman or anyone in fact to have a chance of commencing a profitable claim for any personal injury it is significant for the Claimant to show that there was a violation of a legal duty to take care which ends in damage.

In every negligence witnessed, it is important that the claimant must be capable to prove that the defendant owed him a duty of care. Due to the increasing negligence witnessed on the side of medical practitioners, the law strictly made it mandatory for every doctor to have a minimum number of qualifications, skills knowledge. This subsequently led to the hike of consumer rights(protection) and medical liability of course. 
The appearing synergy between sports and medicine has cooked a new need for a better understanding of how medicine connects to the sporting world. The cases of medical negligence in sports are as follows:

Case Review

Kleinknecht v Gettysburg College:

During an off-season practice, a lacrosse player sustained a lethal cardiac arrest. There was no skilled or an experienced medical staff present to maintain assistance at the time of this incident. Kleinknecht alleged that the college should have supplied skilled medical staff. The court held that there was a dearth of a suitable medical response plan and hence declined to supply reasonably emergency care to wounded athletes. The court held that it was not a promoted intercollegiate event but that the feasibility of lethal injury was very much foreseeable and a duty of care prevailed to use reasonable care to safeguard athletes from injury.

Mogabgab v Orleans Parish School Board

In this case, an athlete fainted and succumbed to death as a result of protracted heat stress. 80-minutes had passed after the athlete fainted and died before the skilled medical practitioners were notified.

From the above cases, it is evident to note the significance of having a productive emergency plan to avoid medical negligence. The law has to become more stringent and reasonable so as making the medical professionals alert in order to avoid negligence.

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