Module 3 — pre-participation evaluation: legal considerations
● Informed consent
○ Same idea as any medical procedures
○ Informed of any risks and benefits
○ Make autonomous decision
○ Must include 7 items
■ Description of program, procedures and.or explanation of tests
■ Clear description of potential risks and discomforts of the program/tests
● General population has minimal risks, but not for those with
signs/symptoms — reason for pre-screening
■ Description of benefits of program and tests
● Don’t promise benefits, just as you wouldn’t promise outcomes
from medications
■ description of responsibilities of the subject
■ Statement that participant is participating voluntarily and has the right to
withdraw at any time
■ Keep everything confidential — protected under HIPPA
○ Summarized
■ Purpose
■ Risks
■ Benefits
● Liability Issues
○ Tort law
■ Civil law — no jury, judge makes the decision
■ Intentional infliction of emotional distress
■ Negligence
● Majority of lawsuits against facilities/professionals
● Failure to do something when you should have done something
● Failure to comfort to a reasonable standard of care
○ How would a reasonable professional have acted, is that
how this professional acted?
● Intentional or accidental
○ Most cases are accidental
○ Accidental — ordinary negligence; intentional — gross
negligence
■ Financial loss
■ Injuries
■ Invasion of privacy
○ Avoiding legal liability
■ 1. Screening
■ 2. Testing
■ 3. Evaluating
■ 4. Programming
■ 5. Supervision
○ Determining negligence
■ 1. Did the client experience damage(s)
■ 2. Did you have a duty
■ 3. Did you breach that duty?
● Responsibility to act as a reasonable person when you could
foresee a problem
○ Happens more often in the circumstance where a client is being trained by a
personal trainer
○ Proximate cause
■ Were the actions the cause of the injury?
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