A profile of the perfect client for attorneys
We recently came across an article published by a law firm seeking to educate (and solicit) readers about high school football players filing lawsuits against their school after suffering a concussion.
Here are the points that can trigger a successful lawsuit according to the law firm:
- Athlete was not removed from the field as soon as concussion symptoms were observed
- Athlete was not evaluated by a medical professional and returned to play, and/or
- Athlete received medical treatment but returned to play without written clearance by the evaluating medical professional, or
- Athlete’s coach did not receive concussion management training prior to the injury.
Avoiding lawsuits through risk management
All 50 states and the District of Columbia have passed concussion laws that pertain to high school athletes. The goal of the laws is to prevent concussions from happening and to reduce the risk of long-term consequences. These laws require school districts to develop policies concerning athletes suffering concussions or traumatic brain injuries during school-related activities.
In addition, the National Federation of State High School Associations (NFHS) has published recommended guidelines for concussion and brain injury risk management.
The various state laws and the NFHS recommended guidelines cover all the areas of concern listed in the profile of the perfect client for attorneys. It’s simple: follow the rules that are the standard of care and avoid most of the real liability potential. Ignore the rules or halfheartedly enforce them and you will dilute the strength of your legal defense.