AED’s: Does General Liability Provide Coverage For Negligent Use?

1) Does the policy have a professional medical services exclusion that applies to the sports organization as an entity itself and to all other insured persons?

2) To what extent does the policy limit the scope of coverage for employees and volunteers as follows:

Section II — Who Is An Insured

2. Each of the following is also an insured:

a. Your “volunteer workers”….. or your “employees”….. However, none are insureds for:

(1) “Bodily Injury” or “personal and advertising injury”:

(d) Arising out of his or her providing or failing to provide professional health care services.

According to K&K Insurance Group, the simple answer is that the standard General Liability policy form will likely respond to such a lawsuit if the AED is administered by a lay person. This situation is considered to be more like the rendering of first aid rather than a professional health care service. On the other hand, if the AED is administered by a nurse or doctor, their own Professional Liability policy would likely provide primary coverage.  Of course, they add the normal disclaimer that coverage for any claim will stand on its own unique circumstances and all policy coverages, exclusions, limitations, conditions, and definitions will apply.

Apparently, AED technology is greatly improved to the extent that it is almost impossible to make an error in its use. The later models will only activate if no heart beat is detected or if the heart is so out of rhythm that the patient is in a life threatening situation.

Source: Sadler Sports & Recreation Insurance

Are Electronic Signatures Accepted on Waiver Release Forms?

Actual Client Question:

We were wondering if you require hard signatures on the release of liability form, player parent contract, code of ethics? We do registration on line to where everyone has their own password to login to their childs registration, in which we have \”I Accept\” buttons.  In the past we have had the parents click those buttons and then we have printed the forms and had the parents come to another registration to supply a hard signature. Do you require a hard signature for Insurance purposes or would the trigger button hold up in the event of a claim? What is the guideline for electronic signatures?

 Of course, it goes without saying that the waiver / releases must be properly worded to be given weight by a court. So many of them violate the basic principles of contract law. A copy of a sample waiver /release can be found under the Risk Management section of our website at www.sadlersports.com/riskmanagement.

John Sadler

Could Football Players Heat-Related Death Have Been Prevented

While the incident that led to the death of 15-year-old, Max Gilpin in August 2008 is very tragic, it could have likely been prevented. This particular case has had many experts in the sports arena scratching their heads.  The experts at “From The Gym To The Jury” commented on this case in their latest edition stating “In 19 years of reporting court cases involving injury or death at early season practices, this may be the first to result in criminal charges.” The coach, David Stinson, has pleaded “not guilty” in the player’s death.

The most important thing to focus on here is PREVENTION. If you are remotely involved with a youth sports league, each of the coaches, assistant coaches, etc. need to be made aware of the information that we provide on Heat Illness: Avoidance and Prevention. By following these guidelines, you are helping to protect your kids from heat illness and your coaches, assistant coaches, volunteers and league officials from being the target in a big dollar lawsuit.

Head Injuries and Concussions in Youth Sports

All types of sports carry some type of inherit risk. But what are these risks? For contact sports, a very common occurrence is the concussion (defined by Websters as “a stunning, damaging, or shattering effect from a hard impact; a jarring injury of the brain resulting in disturbance of cerebral function.”) According to the CNN report below, there is increasing evidence that brain damage actually occurs during a concussion.

Participation Question: What are some ways that your local organization has been pro-active in preventing head injuries or putting measures into place to nurture the injury, or prevent further injury, once it has occurred?

Commotio Cordis In Baseball – AED – Chest Protectors – Safety Balls

Commotio cordis or cardiac concussion is a cause of sudden death in young baseball players. It is the result of a low velocity impact to the chest from a thrown or batted ball traveling usually at a speed of between 20-50 mph. The impact must occur directly over the heart, the closer to the center the greater the risk. The cause of death is the development of an abnormal rhythm, ventricular fibrillation, though there may be some affect on the blood circulation to the heart as well. For the catastrophic event to occur, the impact has to be precisely timed to strike the heart during a 15-30-millisecond phase of the electrical cycle (during repolarization or just before the peak of the T-wave).

Commotio cordis is associated with a death rate of 90%. The lack of response of these young health baseball players to CPR is unexpected and remains unexplained, but it is clear that a rapid response is essential. This response is probably required in three-five minutes…….

Batters should learn ball avoidance and turn away from an inside pitch and not open chest to the impact, as is so typically the case. Avoidance while bunting requires special attention. Pitchers as well should be coached in proper fielding positions and ball avoidance when necessary. Chest wall protectors that are commercially available have not been demonstrated to prevent commotio cordis. Studies with baseballs seems to indicate that lighter and softer balls may diminish the risk, but their acceptability for play by older children is of question.

See Report By USA Baseball Medical And Safety Committee on Commotio Cordis in Baseball

In My Opinion: Studies indicate that the chances of survival of a commotio cordis incident is enhanced if a shock from an AED can be delivered promptly. Most ball parks don’t have AED’s and those that do must have well practiced procedures in place for the rapid use of the device or all if for naught. I am often amazed at the marketing efforts by the vendors of chest protectors. It makes sense that they would help but the scientific studies indicate that many don’t offer any protection and may actually be contra indicated. Apparently, most chest protector vendors need to go back to the drawing board with their designs. Also, the recent high profile lawsuit in New Jersey of a pitcher being stuck by a batted ball that came off of an alleged “hot bat” involves commotio cordis and resulting permanent disability to the pitcher. The metal bat manufacturer was sued among others. What is interesting to note is that commotio cordis usually occurs only when a projectile travels at a relatively slow speed between 20-50 mph and in this case the basis for the lawsuit is that the ball speed was too fast as a result of the alleged “hot bat”. John Sadler

Use Of Reduced Impact Ball In Youth Baseball: Safety Balls

“Based on the research performed by USA Baseball and other investigators demonstrating that a reduced impact ball can decrease the incidence and severity of ball impact injuries to less skilled players aged 5-12, the USA Baseball Medical and Safety Advisory Committee recommends: 1. That youth baseball organizations adopt for their Tee-Ball and other “minor league” programs that are focused on skill development, reduced impact baseballs that meet NOCSAE standards levels 1 and 2.

2. This recommendation does not diminish the importance of teaching fundamental baseball skills and ball avoidance skills and techniques for batters.

3. Current scientific literature on the prevention of commotio cordis by chest protectors is not adequate and therefore, the effect of any equipment on the risk of chest impact death remains unsubstantiated at this time.“

See Report from USA Baseball Medical And Safety Committee: Safety Balls

 

 In My Opinion: I know from the ongoing injury study that I perform for my insurance client, Dixie Youth Baseball (ages 12 & under), that three of the leading causes of injury are being struck by batted balls, thrown balls, and pitched balls. The vast majority of injuries that occur in T Ball and Coach Pitch are from being struck by batted balls and thrown balls. These injuries in the lower age groups are primarily caused by lack of skills. Based on my personal observation in working with youth baseball players ages 5-8, players can better learn skills if some of the fear factor is removed. I would say that softer baseballs definitely remove some of the fear factor which can result in more quality practice sessions in terms of repetitions and the development of skills. As players move out of T Ball and Coach Pitch, the skill levels are usually such that the types of injuries that could theoretically be prevented or reduced by reduced impact balls don’t come into play as often. From an injury analysis point of view, it is almost impossible to predict if a reduced impact ball could have prevented or reduced an Accident insurance claim. It is much easier to predict the outcome of other safety equipment such as batter’s face guards or catcher’s throat protectors as they are almost 99% effective in preventing injury.