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For most other matters, including medical malpractice and other liability suits, the statute limits the time someone can take legal action. Depending on which State the law applies, it ranges from 1 to 4 years from the date of incident, or in the case of a minor, 1-4 years from the date the minor reaches the age of majority (18 years old.) I'm not a lawyer, but I slept in a Holiday Inn Express...
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There are two kinds of fools: One says, “This is old, therefore it is good”; the other says, “This is new, therefore it is better.” - W.R. Inge |
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Don't let the kid play, and sleep well at night
New Zealand is different to USA in many ways, but a really relevant one is the whole business of liability and the "sue 'em" mentality that we see in the American society today. I am saying this to to emphasise that officials in any game have never been sued over issues we are discussing here.
Now consider the game of rugby: very tough, no protective padding (like in football), it's all blood and guts. Concussions are fairly common, as the result of the way the game is played. So, wether it is a game at primary school level, or a world championship game, a player who is concussed or SUSPECTED of concussion receives an AUTOMATIC three week ban, full stop. No doctors notes, no appeals to higher authority, it can be your key player, and you have the champ finals coming up, that's it. The aim is clearly to protect the player. How does this translate to your situation? Imagine the scenario in which that kid turns up in the last quarter, presents you with the doc's certificate. You let the kid play. The next morning, kid does not wake up. Three days later, he dies, never coming out of coma. Yes, you followed the rule, so you must feel ok? As refs, we all come across rules that we don't like, and some that we find downright stupid. Most of the time though, we carry on enforcing these rules, as that's what we do. But from time to time, admitedly not very often, but we do come across the rule that is past silly, or stupid, or illogical, and is downright dangerous. I would argue that if the above scenario is to really happen, you would find your *** dragged in front of the courts, and no amount of "but the rule says" and "the note was genuine" will help you feel better about what you did.
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KIWIREF There is nothing more frightful than ignorance in action. |
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People have been sued
I've heard of a couple of baseball cases (kid hit another kid with a bat in the on-deck circle was one). The most serious one a kid in NJ was struck by lightening (the very first bolt). He was dead by the time they got out there to him. Umpire was sued because games can't be going on during lightning (it was the very first bolt).
It could easily happen with basketball too (maybe it has). You want to be a good ref, but you want to be a good person too. I wouldn't let the kid come back in, and I'd take the heat from my board for it, knowing that I made a good choice, despite the rules. Some things are more important then a game of basketball. |
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Ok, so here is my next question. What is the process, or is there even a process, to ATTEMPT to get the NFHS to amend the rule (I know I'm a little fish in a HUGE pond)? I think if the player is unconscious, he or she should not play for the rest of the game. I think that would be a fair proposal that will take any liability out of the official's hands.
With several of the rules designed for player safety, how in the world can they justify allowing a player that was unconscious earlier in the game to come back in EVEN WITH A DR NOTE? It doesn't make sense to me. At very least suspend the player from playing for the duration of the game! |
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Australia is nowhere near as litigatious (sp?) as the USA so this is less of an issue for us.
There is nothing in the 2004 FIBA rules or referee's handbook that requires a player to present a doctor's certificate to re-enter the game after any type of injury. As far as I am concerned, this is an example of society going nuts. In games played by adults (whether it be college, NBA or re-league) the player's judgement as to whether they are capable of returning to the court should be sufficient. For games with minors, it should be up to the coach and/or parents to make that decision. As a referee it is absolutely none of my business. Does anyone know what the requriements are for a NBA player that has been knocked out to re-enter the game? What about College? Thankfully the Australian legal system has some tools in place to protect sports officials. As well, all referees in Australia must be registered with Basketball Australia, which provides $20million personal liability insurance for all referees.
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Duane Galle P.s. I'm a FIBA referee - so all my posts are metric Visit www.geocities.com/oz_referee |
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Bob [son of two doctors] got knocked to the ice and his eyes were a little glassy. "How are you, Bob?" --> ... "Fine." "Can you play?" --> ... "Sure." "How many fingers am I holding up?" ..."Tuesday." Bob left the ice for the evening. mick |
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