Question

step 1
decide if the scenario is negligent or not.
if it is negligent, which type of negligence: nonfeasance, misfeasance, or
malfeasance.
1 the athletic trainer fails to assess a concussion that he is not aware of.
2 the coach fails to instruct athletes on the proper form of tackling.
3 the athletic trainer splints (supports) a fracture.
4 the athletic trainer induces a dislocation with no adverse results, according to
their hatate protocol.
5 the athletic trainer evaluates an acl injury but does not follow the testing
protocol.
6 the athletic trainer fails to always provide water during summer workouts.
7 the athletic trainer fails to address the need for preventative taping on an athlete
returning from an ankle injury.
8 to get practice started quicker, the coach begins to tape ankles and wrap injuries.
he is not qualified to do so and does it incorrectly, potentially resulting in further
injury.
9 the coach fits protective equipment according to the state guidelines.
10 the athlete fails to report for rehabilitation and treatment and subsequently causes
further injury.
11 the athletic trainer administers an aed improperly to an athlete suffering from a
sudden cardiac arrest.
12 the athletic trainer follows concussion return to play guidelines for an athlete
suffering from a concussion
13 the athlete suffers a head/neck injury when his helmet flies off. there was no
defect, however, his teammates heard him mention that it needed more air.

Explanation:

To solve this, we analyze each scenario to determine negligence type (nonfeasance: failure to act; misfeasance: improper act; malfeasance: wrongful act):

1. Athletic Trainer fails to assess unknown concussion

• Negligence? Yes. Type? Nonfeasance (failed to perform a required assessment).

2. Coach fails to instruct proper tackling

• Negligence? Yes. Type? Nonfeasance (failed to provide necessary instruction).

3. Athletic Trainer splints a fracture

• Negligence? No (proper first - aid; splinting a fracture is a standard action).

4. Athletic Trainer reduces dislocation (no adverse results, per protocol)

• Negligence? No (followed protocol, no harm).

5. Athletic Trainer evaluates ACL but skips testing protocol

• Negligence? Yes. Type? Misfeasance (performed evaluation but violated protocol).

6. Athletic Trainer fails to provide water in summer

• Negligence? Yes. Type? Nonfeasance (failed to provide essential hydration).

7. Athletic Trainer fails to address preventative taping

• Negligence? Yes. Type? Nonfeasance (failed to act on a needed preventive measure).

8. Coach (unqualified) tapes ankles incorrectly

• Negligence? Yes. Type? Malfeasance (unqualified, improper act causing risk).

9. Coach fits equipment per state guidelines

• Negligence? No (followed guidelines).

10. Athlete fails to report for rehab (causes further injury)

• Negligence? Athlete’s own negligence (non - professional; not a provider’s error).

11. Athletic Trainer administers AED improperly during cardiac arrest

• Negligence? Yes. Type? Misfeasance (performed AED use but improperly).

12. Athletic Trainer follows concussion return - to - play guidelines

• Negligence? No (followed proper guidelines).

13. Athlete’s helmet flies off (he mentioned needing air, no defect)

• Negligence? Athlete’s own negligence (failed to ensure helmet was secure after noting air need).

Answer:

s (per item):

1. Negligent (Nonfeasance)
2. Negligent (Nonfeasance)
3. Not Negligent
4. Not Negligent
5. Negligent (Misfeasance)
6. Negligent (Nonfeasance)
7. Negligent (Nonfeasance)
8. Negligent (Malfeasance)
9. Not Negligent
10. Athlete’s Negligence (Not Provider Negligence)
11. Negligent (Misfeasance)
12. Not Negligent
13. Athlete’s Negligence (Not Provider Negligence)