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  #1 (permalink)  
Old Wed Sep 22, 2004, 11:14am
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Last night had a player that lead with his head on a tackle and injured his neck/back. This resulted in him getting sent to the hospital to be checked out. 2 games later (3 2-10min half games) he returns and participates in the third game. Is this legal? The only thing I find is if I player losses consciousness that would require a doctors release. The reason why I ask is when the kid returned he was still sore and I had safety concerns with him being back in the game.

Thoughts?
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  #2 (permalink)  
Old Wed Sep 22, 2004, 11:46am
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I think I would have asked for a doctor's release that I could have put in my pocket, if not then I think I would have said he can't participate. That way if something else happened you have a get out of litigation free card. Otherwise Johnny's attorney is going to sue you, the school and everyone who mfg'd his equipment and his coaches and, and, and...but with the release the you've got a defense. You don't know what his doctor said. He might have told the kid no but overjealous parents might have brought him back.
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Old Wed Sep 22, 2004, 11:57am
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I agree with kdf5.. In our association meeting last week, we were reminded of liability and when we would be covered etc. as one WH in another part of the state is part of a group being sued, regarding an injured player. I don't know the details, but I imagine it will happen more and more.
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Old Wed Sep 22, 2004, 12:07pm
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CYA- Cover Your ...

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  #5 (permalink)  
Old Wed Sep 22, 2004, 12:40pm
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How many more times this season do you have this team?

We can only really administer each game on a game by game basis. How in the world could we know which players got knocked out last week?
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Old Wed Sep 22, 2004, 01:49pm
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I agree you should CYA but if he doesn't have a doctors note are you not gonna let him play?
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Old Wed Sep 22, 2004, 02:35pm
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With a neck/back injury? I know we can't monitor week to week but if I know a kid's been bad enough to go to the hospital and then returns that same day I think CYA says you get a note or don't let him play.

[Edited by kdf5 on Sep 22nd, 2004 at 03:41 PM]
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Old Wed Sep 22, 2004, 03:54pm
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I think by rule there is not much you can do. All we can decide is whether a player was unconscious or not and make a determination based off of that. My question would be why the coach allowed this to happen? I guess each state would have to be a guideline for this. I see nothing in the rules that says we can just keep someone out because they go to the hospital. What if we do not know they went to the hospital?

I think I would do whatever I could to keep that player off the field, but if they insist I am not so sure we can do much about it.

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Old Wed Sep 22, 2004, 04:09pm
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On the other hand ... consider how slow hospitals normally are, and how long things take. If there was ANYTHING wrong with him, he'd have been at the hospital for 4-6 hours minimum. Since they let him go and sent him "home", I think you might be safe assuming he's ok.

The crew cannot be held responsible for monitoring this sort of thing. There could be different crews from one game to the other, and roster management is not really within our purview. Coaches, etc, must be liable to watch this sort of thing.
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Old Wed Sep 22, 2004, 04:21pm
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Exclamation

The only thing you can control is the injured player leaving and returning to the same game. The liability should be with the coach of the team he is on and if the coach required written doctor's permission to return. You cannot know which players have been previously injured.
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Old Wed Sep 22, 2004, 04:36pm
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Let's say that he re-injures his neck when he returns, or suffers some paralysis, or maybe is banned from participating in contact sports for the rest of his life, or something along that line. Who's going to get sued? If we were talking about a finger or a wrist that's one thing but this is a neck/back injury.
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Old Wed Sep 22, 2004, 05:04pm
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Quote:
Originally posted by kdf5
...Who's going to get sued?
Probably his doctor, his coach, and the league. These are same people that will be sued for any serious spinal injury regardless of the circumstances.
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Old Wed Sep 22, 2004, 07:10pm
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I think Rut has hit the nail on the head, you cannot stop the player from entering the game.
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Old Wed Sep 22, 2004, 07:25pm
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"Originally posted by kdf5
...Who's going to get sued?


Probably his doctor, his coach, and the league. These are same people that will be sued for any serious spinal injury regardless of the circumstances".
__________________________________________________ ___

I think you missed one important person in your list. I think that by reading the original post that we are talking Pop Warner league or something else vs. a varsity player so if this is the case I would rather tell him he can't play.

Do you think anyone would question you if you sold this decision? I just don't feel I would be comfortable letting someone with a neck or back injury play again. If this was varsity I agree that we probably can't keep him out. If he was hurt last week then how are we to know that, but knowing that he went to the hospital, I think, opens a whole can of litigation worms that could come back to haunt me if he's reinjured.

If I run a grocery store and someone slips on a puddle of water that I didn't know about, I'm probably relieved of liability but if I knew that puddle was there and didn't do anything about it, then I'm hung out to dry in a lawsuit. I just think the same logic would run to this situation. If I know he's injured, I let him play and then he gets hurt I know for a fact that I'm going to be named in a lawsuit and letting him play in some meaningless Pop Warner league with the possibilities outlined above means he probably doesn't play on my field.

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  #15 (permalink)  
Old Wed Sep 22, 2004, 08:51pm
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Bottom line: Prevent further injury. On that grounds alone, I'm not allowing this kid to play. I don't care what level of play, I don't care if it's against the rules, and I don't care how much hot water I get in with my association. I simply will not continue the game with this player in it without a verified opinion from a doctor that it is safe.

Next-to-bottom line: Don't get sued. If there IS further injury, you certainly can be held accountable for this (whether or not you are technically legally liable), and there are PLENTY of judges and juries out there that will hold you at fault, at least partially. Get a doctor's permission, get it writing, have it witnessed by every member of the crew (and preferably someone mostly unaffiliated with the game/team, like the on-field EMTs, as well), and keep a copy for at least the next year. It's paranoid, but it's a litigious society, and there are parents and lawyers who will certainly come after you.
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