Personal Injury Law

Sports Concussions in School Students

By Bruce Stern

Every Monday morning, the sports pages around the country are filled with stories reporting on the number of sport concussions (traumatic brain injuries) that took a toll on professional football fields the day before. Two weeks ago, within minutes, Eagle quarterback Kevin Cobb and Eagle linebacker Stewart Bradley sustained brain injuries. The public is becoming aware of this medical epidemic in professional sports.

Unfortunately the public's awareness as to the effects of traumatic brain injury on our children lags far behind. A recent New York Times  article discussed the steps taken by some states and municipalities. The article by Allen Schwarz, discusses the effect of a Washington State law that mandates strict procedures for handling youth athletes' concussions in sports. As Mr. Schwarz acknowledges, the State of Washington is 'regarded as perhaps the most enlightened State on the issue.' However, despite a law requiring athletes who suffer concussions being removed from playing, many municipalities in the State of Washington still fail to take the necessary steps to protect our children.  

It was quite disturbing to hear some municipal officials state they have refused to implement preseason baseline brain testing that would permit them to be in a position to measure the effects of a concussion and when, if ever, the student athlete has returned to pre-injury baseline.
 
It was also quite upsetting to hear that the Washington Interscholastic Activities Association as well as its insurance provider do not recommend such testing, 'due to liability and legal issues'  In other words, both the Washington State Interscholastic Activities Association and its insurance carrier decided to put profit ahead of safety.  They are willing to sacrifice the health of its student athletes in order to accomplish this goal.
 
In this society, why should people and organizations believe they can shun responsibility and escape accountability with the unreasonable actions that they take.
 
The civil justice system is based on the policy that those persons who unreasonably harm and injure others should be responsible for the harms and losses that they cause.  The legal standard that is used throughout the United States is one of reasonableness.  The law does not require extraordinary steps or actions.  Rather, it simply states one must act in a reasonable manner, that is what would the reasonable person have done in the same or similar situation.
 
I find it reprehensible that school districts refuse to implement baseline testing because to do so would expose them to liability if they failed to administer the program in a reasonable manner. 
 
The story also points out that continued failure of the medical profession to properly instruct student athletes and their parents on return to play guidelines.  The article quotes a story where a student athlete who was evaluated and diagnosed as having sustained a concussion, was advised by the emergency room doctor that he could 'return to play, may return to sports when able.' An  injured student athlete who has been diagnosed with a concussion should not be advised by any medical personnel that that student can return to play at some arbitrary future date.  Student athletes must not be cleared  to return to play until they have undergone a full medical evaluation and are found to be symptom free.  Readers are recommended to visit www.sportsconcussions.org and  www.sportsconcussion.org, the later of which is posted by the Brain Injury Association of New Jersey.

Full post as published by Traumatic Brain Injury Law Blog on October 04, 2010 (boomark / email).