Legal Duties - Post Care
'Don't Just Stand There' or 'The Duty to Offer Post Injury Care'
by Dr. Dick Borkowski

It was a simple accident. A player fell and broke has wrist. Everything that could and should have been done to offer a reasonable safe situation for the participant was done. The instruction was excellent, the supervision was terrific, and the player was in good condition. It was a fine pitch.

What happened next however, made it all too clear that nothing is simple and nothing escapes a plaintiff lawyer and the potential client, in today's litigious crazed society.

In trying to comfort the injured player, the ref mentioned that "he probably fell because of a hole. The statement was made to make the injured person feel he was not a total "spaz." Months later, that simple, reassuring words by the instructor became a major part of yet another law suit in the world of
moving bodies.

The point? What we do and don't do after an injury - can help, or hurt the legal position of the instructor, the administration, or the school. It also makes a big difference to the person who has been injured.

Our strategies to avoid legal entanglements extend beyond the prevention of injuries. We must also know what to do and what not to do after the occurrence of an injury. And folks, injuries will occur. It is part of the calculated risks of life. We all take forms of risks every day of our lives. To achieve anything of worth during our years on this planet requires some form of risk.

Physical risk is part of rugby.

You're right, it's common sense. Here are some ideas to lessen the chance visiting a witness box because of something you allegedly did after an accident.

1. Have an emergency "game plan." You would be surprised how many fewer injuries and lawsuits occur when an individual has done his/her homework. Everyone should know the "chain of command." Posting or carrying an emergency procedure card, which includes emergency phone numbers, is an excellent idea. It also demonstrates your credibility.
   
   
2. Help the injured. Give immediate care until a higher level of care arrives. This care might mean keeping the individual still and calling 911. I recommend every coach take a first aid course. It helps your team and demonstrates you care.
   
   
3. Demonstrate control of the situation. Nothing hurts the individual, or your credibility, when you "panic!" Send or call for assistance. Contact your superior.
   
   
4. Obtain the injured person's identification. You might be helping someone from the other team.
   
   
5. Obtain a description of what happened and put this information in writing as soon as possible. Information might include:
   1. Evaluation the situation. What and how did this happen?
   2. Check the condition of the equipment.
   3. Check the experience of the injured party.
   4. The age of the injured party.
   5. Record the weather conditions.
   6. The time of the injury.
   7. Names of people in the area who observed the incident. Get their addresses and phone numbers.
   8. Opinions of those in the area as to what happened and why.

   
   WRITE EVERYTHING DOWN AS SOON AS YOU CAN. DON'T RELY ON MEMORY. THIS IS CRITICAL. You are not going to remember this step by step procedure when an emergency happens. Become familiar with these procedures now - before the crisis!
   
   You're going to forget things in the heat of the moment. That's all right. That's normal. Take a deep breath. Help the injured person. Meet your responsibility. That's the important issue. The rest will usually take care of itself.

6. Obtain photographs of the site and situation if possible. This is another suggestion that can prove of value months or years later.
   
   
7. Collect all related records.
   
   
8. Make sure you complete all reports.
   
   
9. AVOID OFFERING INFORMATION to those in the area, other than your superiors. This is sometimes difficult and may seem rude or uncooperative. Do all you can to prevent controversy during this emotional time, but avoid self-deprecating statements such as, "I'm sorry, it was all my fault," or "I told the maintenance department to fix that railing."

   
   Avoid making any statements. Help the injured party. If pressed, say your time and energy at this time must be directed solely towards the injured party. Be courteous, business like and brief. Suggest that the appropriate spokesperson will give information at the appropriate time.

   
   Six months after a rugby accident in West Virginia, one of the coaches described the entire situation to a gentleman who introduced himself simply as an "investigator." Unfortunately the investigator represented the "other side!"
   
   The coach never asked whom the investigator represented. His talk did not help the school's position.
   
   

10. Avoid subterfuge. Offering information at the inappropriate time is irresponsible. Giving the wrong or even seeming to give the wrong information is the worst thing possible.
    
    
11. Show the injured party you care. Give the injured party a phone call, or visit, after the situation. Help and show everyone you want to help.
    
    This post care procedure isn't listed under your formal legal responsibilities, but it's just as important as any post injury strategy suggested in this chapter.
    
    
12. When all is calm, sit down with your associates for what military people call a "debriefing session." Review the events and the procedures. It will help if there is a next time.

Today, people involved in coaching rugby, or any other sport, must be sensitive to safety and litigation problems - before, during and after the injury.

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