Sports medicine and the law.
Legal problems occur in sports medicine as well as in other fields. To whom do sports doctors owe their duty - to the club, to the team or to its members? Doping has become a part of competitive sport. What is the doctor's responsibility in relation to this? Medical "treatments" given sometimes on demand, in order to enable athletes to continue the game or competition despite the high risk of future severe irreparable damage, may constitute gross negligence. Consent given by athletes in such circumstances may be considered invalid. The club is obliged to insure its members against personal injuries. However, insurance companies may refuse to cover cases where a priori negligent medical treatment was demanded, or will sue the doctor for reimbursement. Medical confidentiality should be kept even regarding athletes, and disclosing any information is unlawful without the athletes' consent. Doctors' professional duty to the athletes should override any duty to the club that hired them, and professional medical opinion should override any caprice of the athlete.
Frenkel
David A
DA
Department of Business Administration, School of Management, Ben-Gurion University of the Negev, Beer-Sheva, Israel.
D003219:Confidentiality / Q000331:legislation & jurisprudence; D004300:Doping in Sports / Q000331:legislation & jurisprudence; D005387:Finland; D006801:Humans; D007258:Informed Consent / Q000331:legislation & jurisprudence; D007341:Insurance / Q000331:legislation & jurisprudence; D008318:Malpractice / Q000331:legislation & jurisprudence; D013178:Sports Medicine / Q000331:legislation & jurisprudence*