Understanding Professional Negligence
Thursday, December 6th, 2007AS EXERCISE PHYSIOLOGISTS gain authority, autonomy, and accountability, they will have to assume responsibility and liability for their own practice. Responsibility and thinking of this kind is uncommon in exercise physiology. Yet, with the development of the Board of Certification, exercise physiologists can now sit for the “Exercise Physiologist Certified” (i.e., EPC) exam [1]. As a result of passing the EPC exam, the candidate earns the title “Exercise Physiologist.” Then, the exercise physiologist is held responsible for adhering to a scope (standards) of practice, which adds another consideration to doing one’s job. Given the added “liability” factor and, therefore, the increased likelihood of liability suits, exercise physiologists should carry individual malpractice insurance.
In malpractice or professional negligence cases (i.e., the failure of a professional to act in a reasonable and prudent manner), there is a plaintiff (the injured party) and a defendant (the professional who is alleged to have caused the injury). In short, then, negligence is a breach of an objective standard of medical practice [2]. When judged by a reasonably prudent person, as in a jury, if the exercise physiologist’s conduct falls below this standard set by the profession to protect the public from unreasonable risk of harm, a breach of duty is said to have occurred.
Five elements of liability must be present for a professional to be held liable for malpractice [3]. First, a standard of care must be established that defines the quality of care believed of a professional group. The exercise physiologist’s standard of care is defined by the Standards of Practice [4]. The point here is that the exercise physiologist is responsible to a client for adhering to the profession’s standards of care. When the quality of care is questioned by the plaintiff (the client), the defendant must show that the care given is consistent with what the reasonably prudent EPC exercise physiologist would have done in accordance with the profession’s standards.
Second, a breach of duty occurs when the exercise physiologist violates the standards of care. The plaintiff must prove that the exercise physiologist’s actions were substandard and that the substandard action caused an unfavorable outcome that would not have occurred in the absence of negligence. For example, failure of the exercise physiologist’s to properly acknowledge the client’s disease condition, either by not using the proper treadmill test or not monitoring the client properly, failure to properly administer an exercise prescription, or failure to gain a proper informed consent from a client before proceeding with a metabolic test or other such procedure for fitness assessment and/or rehabilitation.
Third, the exercise physiologist understands that the professional practice is written with the expectation that if the standards are followed they will avoid harm to the client. This foreseeability of harm argues that the exercise physiologist has reasonable knowledge to foresee the likelihood of injury to the client. Fourth, the failure to uphold the professional standards increases the likelihood of injury to the client. Fifth, failure to adhere to the standards resulted in an injury that would not have occurred had the exercise physiologist not failed to perform his or her duties in accordance with the standards. That is, the alleged deviation from the exercise physiologist’s standards of care directly or indirectly caused the injury or unfavorable outcome. Of course, the plaintiff must prove that the exercise physiologist’s actions were substandard and that the substandard action caused the injury that would not have occurred in the absence of negligence.
References
1. American Society of Exercise Physiologists. (2007). Board Certification for Exercise Physiologists. [Online]. http://www.asep.org/services/EPCexam
2. Franklin, C., Marutzky, E.M., and Sandberg, C.M. (2007). Medical Professional Liability. Physicians’ Guide to Professional Negligence Claims. Resident & Staff Physician. July/August, 53:7 [Online]. http://www.residentandstaff.com/issues/articles/2007-07_03.asp
3. Marquis, B.L. and Huston, C.J. (2003). Leadership Roles and Management Functions in Nursing. Philadelphia, PA: Lippincott Williams & Wilkins.
4. American Society of Exercise Physiologists. (2007). Standards of Professional Practice. [Online]. http://www.asep.org/services/standards
5. Allied Healthcare Professionals Insurance Center. (2007). Why Do I Need Professional Liability Insurance. [Online]. http://www.ahc.lockton-ins.com/pl/understandingPLI_3.html