| Autor: |
Paterick TJ, Paterick BB, Paterick TE |
| Zdroj: |
Sport Journal; Jul2007, Vol. 10 Issue 3, p1-9, 9p |
| Abstrakt: |
The relationship between a professional athlete, his or her professional sports team, and a team physician is legally complex and has inherent potential for conflict. Although a physician should always consider an athlete's best interest when determining an athlete's fitness to participate in competitive sport, a physician also has a responsibility to his or her employer to act in the best interest of the team. The dual role of a team physician results in the potential for conflict if a professional sports team and the professional athlete's best interests do not coincide. The workers' compensation co-employee doctrine immunizes a professional sports team from vicarious liability in tort for its team physician's negligence. Recent judicial opinions and legal commentary suggest that the workers' compensation law barring tort suits between a professional athlete and a co-employee team physician for injuries caused within the scope of employment should not ipso facto confer absolute tort immunity for a physician. The argument being made is that if a team physician breaches the ethical and legal duty to provide the standard of care, the co-employee doctrine should not provide a shield from tort liability for harm caused to professional athletes. Physicians must be aware of legal opinions surfacing in the literature so they can understand that their most prudent approach, no matter what the circumstance, is to practice in a manner in which a professional athlete's health interest supersedes all other interests. [ABSTRACT FROM AUTHOR] |
| Databáze: |
Supplemental Index |
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