| Although the sports medicine community has not | | | | discover a medical condition that later resulted in injury |
| come to a consensus, there are two methods of | | | | or death. |
| objective testing that may satisfy the reasonableness | | | | Informed Consent |
| test: neuropsychological testing and postural stability | | | | Generally the law has found that physicians who |
| testing. | | | | conduct a thorough pre-participation examination in |
| Neuropsychological testing measures the athlete's | | | | conformity with accepted standards of practice are |
| cognitive flexibility, attention span, orientation, | | | | not liable for the athlete's injuries that occurred post |
| concentration, visual-spatial capacity, distractibility, | | | | examination. |
| immediate memory recall, and problem-solving abilities. | | | | Sports medicine professionals should always consider |
| These tests directly measure the cognitive qualities | | | | the intensity and physical demands of the athlete's |
| that are affected by head injury and allow athletic | | | | sport, all objective clinical evidence, and the probability |
| trainers to objectively evaluate the athlete's condition. | | | | and severity of harm from athletic participation given |
| The administration of these tests generally occurs in a | | | | the athlete's condition. Failure to provide an athlete with |
| clinical setting, although recent research indicates that | | | | full disclosure of material information about playing a |
| athletic trainers may also administer neuropsychological | | | | sport with a medical condition or the potential |
| tests on the sidelines and achieve valid results. The | | | | consequences creates liability for negligence. This duty |
| National Football League and National Hockey League | | | | to disclose relevant information relates to the issue of |
| currently use neuropsychological testing to assess | | | | informed consent. |
| professional athletes' cognitive abilities, establishing that | | | | Informed consent is usually a defense for assault and |
| it is reasonable to employ these tests as a standard | | | | battery, but courts have translated this concept into |
| for assessing, treating, and making return-to-play | | | | negligence terminology. Informed consent comes from |
| decisions. | | | | the public policy that a competent adult has the legal |
| Similarly, researchers have established that postural | | | | right to determine what to do with their body. As such, |
| stability tests are reasonable to use in determining | | | | adults may provide consent, but minors require consent |
| when symptoms of concussion cease. These | | | | by a parent or guardian. |
| objective tests use sophisticated force plate systems | | | | The consent must represent an informed decision |
| to challenge sensory systems involved in balance by | | | | regarding the risks of treatment and participation. For |
| altering visual and support surface conditions. | | | | an athlete's decision to be informed, the sports |
| Although it may not be reasonable to expect the | | | | medicine professional must clearly warn of all material, |
| average athletic trainer to have access to this type of | | | | short-term, and long-term medical risks of continued |
| equipment, research indicates that there is a significant | | | | athletic participation under the circumstances. Athletic |
| correlation between the results of simple tests that the | | | | trainers and team physicians can share liability if more |
| athletic trainer can conduct on the sideline and the | | | | than one person, other than the athlete, contributed to |
| results of sophisticated postural stability tests. | | | | any injury. |
| One of the reasons that athletic trainers rely so heavily | | | | If negligence can be associated to a sports accident |
| on subjective measures and personal intuition when | | | | or injury there are potential damages, which the injured |
| evaluating an athlete with a head injury is that they | | | | party can collect. The athlete must prove by a |
| have nothing for comparison. Athletic trainers and | | | | preponderance of the evidence that a breach of |
| team physicians routinely conduct pre-participation | | | | some type was in fact the legal cause of the injury. |
| examinations to determine if an athlete has a condition | | | | In a negligence case, the injured party generally seeks |
| that would preclude participation in sports. | | | | financial damages for the following areas: past, |
| Although reported legal decisions provide little guidance | | | | present, and future pain and suffering; past, present, |
| regarding the appropriate nature and scope of a | | | | and future medical expenses; and past, present, and |
| standard pre-participation examination, many lawsuits | | | | future diminution of earning cap. |
| allege that the sports medicine professional did not | | | | |