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Risk Management and Rugby Football
a series of articles by Dr. Dick Borkowski

If an Injury Happens on the Pitch
by Dick Borkowski, Ed. D., C.A.A.

After a rugby player is injured, and we know, it will occur. We can only lower the chance of injury, we cannot insure the freedom of injury. There are steps you should take to help the athlete--and steps you should take to avoid a lawsuit.

This article is not about the medical issues that arise when a player goes down. It is about what a rugby coach should do to lower the chance of future litigation.

Years back, one of my coaches did everything that a caring adult should do for an injured player, except for one thing:

In trying to comfort the athlete, the coach said that a certain piece of equipment caused the injury; but it wasn't true. The equipment actually performed properly and decreased the seriousness of the injury.

The next day, the athlete's parents called to complain and hint at possible litigation. Fortunately, the athlete knew better and it ended there.

Immediate Care

Here is a thorough list of all that should be done when an injury occurs:

1. Implement your emergency plan. Yes, HAVE one and know it.
2. Stop, think, and help the player. The injured athlete takes priority over everything.
3. Maintain control of the situation. Ask someone to keep non related people from the area.
4. Keep the player still, comfortable, and reassured. Give immediate first aid care. Be courteous and caring in your efforts to help the injured athlete.
5. Do not offer any information, whatsoever, to others.
6. Send a reliable person to get the athletic trainer or other higher level of medical care. Make sure the person(s) you are sending for help knows where to find help.
7. If you do not have a cellular phone and need to call for emergency help, send two people rather than one. That way, one can remain at the phone, while the other reports to the scene and/or directs the emergency vehicle. Be sure your messenger(s): knows the location of a phone; has change if a pay phone must be used; knows the number to call; knows the location and the name of the sites; can clearly state the problem; can give directions on how to get to the specific site; stays on the line to answer all questions.

Keeping Records

After the injured player's immediate needs have been taken care of, there is more that should be done. Here's the rundown:

1. Record your observations and all information as soon as possible. Do not rely on your memory at a later date. The following information should be included:

   A description of the accident.
   The first aid measures that were taken.
   The date, time, and place of the accident.
   Name of the injured player.
   Names of other players involved.
   Names, addresses, and phone numbers of witnesses, and their comments.
   A diagram and/or photo of the area.

2. Maintain general records, such as your practice plan and information about the injured player (e.g., his or her experience, attendance, permission to play, and physical exam form).
3. Make a list of all the things you and the school do to promote sport safety. You'll be surprised how good you are. Some examples include conditioning, instruction, drills, equipment, playing by appropriate rules, the athletic training room, and your own training.
4. Report all information to a higher authority.
5. Contact your insurance agency.
6. Complete an accident report. Be as accurate as possible. Give only the facts. Collect and store all related equipment.

How long should you maintain records? The statute of limitations varies. An injured six-year-old could have several years after his or her 18th birthday to sue. My suggestion is to maintain records as long as it is reasonable for the situation.

It is also important to avoid offering information to other sources such as the local press, relatives, and interested parties who will call you a day or two after the accident. In 1998, a colleague of mine received a call from "someone doing research" on a pole vault injury. They wanted more facts. My colleague was smart enough to ask, "Who are you doing research for?" Turns out, it was a paralegal doing "research" for the plaintiff lawyer. This is a rare example, but it happens.

Finally, always stay in contact with and offer to help the injured player, especially if he or she will be out of school. The demonstration of care remains a major deterrent to possible lawsuits. It's also the right thing to do.

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