Concussion Crisis: $4.4M Settlement Exposes Athletic Trainer Negligence – Know Your Rights

Concussion Crisis: $4.4M Settlement Exposes Athletic Trainer Negligence – Know Your Rights

A staggering 30% of concussion symptoms can be delayed, sometimes by hours, days, or even weeks, manifesting as post-concussion syndrome. This unsettling reality underscores the critical importance of understanding your rights when athletic trainer negligence leads to a concussion injury. A recent $4.4 million settlement highlights the potential consequences of such negligence, sending a clear message: athletes deserve protection, and negligence will not go unchecked.

The $4.4 Million Wake-Up Call

A public school district agreed to a $4.4 million settlement with a former high school football player who suffered a catastrophic brain injury. The reason? Athletic trainers allowed him to continue playing despite exhibiting clear signs of a concussion. This young man, once a promising senior linebacker, is now permanently disabled, confined to a wheelchair, and able to communicate only through a keyboard. This tragic case, reported by MSNBC, throws the critical legal responsibility athletic trainers have to protect student-athletes from life-threatening harm into sharp relief.

What Happened?

The athlete had suffered a concussion in a previous game and reported symptoms like headaches in the days leading up to the next game. He even asked to sit out the first quarter due to pain. Despite these warning signs, coaches and athletic trainers permitted him to play. The result was devastating: he collapsed on the sidelines during halftime and required emergency surgery to relieve pressure from internal bleeding in his brain. The damage was irreversible.

The Legal Responsibilities of Athletic Trainers

Under the law, athletic trainers have a legal obligation to ensure the safety of athletes and provide proper care when an injury occurs. This includes:

  • Duty to Properly Assess: Athletic trainers must conduct thorough evaluations to determine the extent of an athlete’s injury, especially when a concussion is suspected.
  • Duty to Provide or Obtain Proper Medical Treatment: They must provide appropriate first aid and ensure the athlete receives necessary medical attention.
  • Duty to Remove from Play: If an athlete shows signs of a concussion, the athletic trainer must remove them from play immediately.
  • Duty to Inform: They must inform the athlete, coaches, and parents about the risks of continuing to play with a concussion.
  • Duty to Provide Clearance to Participate: Athletic trainers should not allow athletes to return to play until they are medically cleared and symptom-free.

When athletic trainers fail to uphold these duties, they can be held liable for negligence.

What is Negligence?

Negligence occurs when someone fails to take reasonable precautions to prevent harm to others. In the context of sports, this means athletic trainers must act in the best interests of athletes, particularly when assessing injuries like concussions. Failing to recognize concussion symptoms, allowing an athlete to continue playing while injured, or not following proper return-to-play protocols can all constitute negligence.

In Illinois, when negligence is proven, the responsible party may be required to pay compensatory damages to restore the injured person to their pre-injury condition.

Proving Negligence: The Four Elements

To win a negligence claim, an injured athlete must prove four key elements:

  1. Duty of Care: The athletic trainer owed a duty of care to the athlete.
  2. Breach of Duty: The athletic trainer breached that duty by failing to meet the accepted standard of care.
  3. Causation: The athletic trainer’s breach directly caused the athlete’s injury.
  4. Damages: The athlete suffered damages as a result of the injury.

What are the Signs and Symptoms of a Concussion?

Concussion symptoms can be subtle and may not appear immediately. It’s crucial to be aware of the signs, which can include:

  • Headache or a feeling of pressure in the head
  • Temporary loss of consciousness
  • Confusion or feeling like you’re in a fog
  • Amnesia surrounding the event
  • Dizziness or balance problems
  • Nausea or vomiting
  • Blurred vision or double vision
  • Sensitivity to light or noise
  • Difficulty concentrating or remembering
  • Irritability or changes in mood
  • Fatigue

Important Note: Some symptoms, such as fatigue, light and noise sensitivity, difficulty concentrating, feeling foggy, and irritability, may not be documented at the initial visit but present at follow-up visits.

Long-Term Consequences of Concussions

Multiple concussions can have devastating long-term effects, including:

  • Post-Concussion Syndrome (PCS): Symptoms lasting for weeks, months, or even years after the initial injury.
  • Chronic Traumatic Encephalopathy (CTE): A degenerative brain disease linked to repeated head injuries, causing memory loss, depression, aggression, and cognitive decline.
  • Increased Risk of Mental Health Issues: Concussions can increase the risk of depression, anxiety, and other mental health conditions.
  • Cognitive Impairments: Difficulties with memory, concentration, and problem-solving.

What to Do If You Suspect a Concussion

  1. Remove from Play: If an athlete exhibits any signs of a concussion, they must be immediately removed from play. There is no same-day return-to-play, even if symptoms resolve.
  2. Seek Medical Attention: A healthcare professional should evaluate the athlete as soon as possible.
  3. Follow Medical Advice: Adhere to all medical recommendations, including rest and a gradual return-to-play protocol.
  4. Document Everything: Keep detailed records of the injury, symptoms, medical treatment, and any communication with coaches or trainers.
  5. Know Your Rights: Understand your legal rights and options if negligence contributed to the injury.

Legal Recourse for Athletes

Athletes who suffer concussions due to the negligence of coaches, trainers, or sports organizations may have legal recourse through personal injury claims. If it can be proven that the responsible parties failed to meet their duty of care, the injured athlete may be entitled to compensation for their injuries.

Potential damages in a concussion injury case can include:

  • Medical expenses (past and future)
  • Lost wages (past and future)
  • Pain and suffering
  • Emotional distress
  • Rehabilitation costs
  • Diminished quality of life

The Role of Athletic Trainers in Concussion Care

Athletic trainers are vital members of any concussion care team. They help maintain the health of not only athletes but also a variety of other patients. Their responsibilities include:

  • Educating athletes, parents, school staff, and coaches about concussion and injury prevention.
  • Developing emergency action plans.
  • Conducting examinations and assessments of injuries.
  • Making removal from activity decisions.
  • Coordinating rehabilitative care with athletes and parents.
  • Establishing a return to play protocol.
  • Suggesting academic adjustments for return to learn.

What Can You Do?

  1. Know the Risks: Educate yourself about the risks of concussions in sports.
  2. Demand Accountability: Hold coaches, trainers, and organizations accountable for athlete safety.
  3. Advocate for Change: Support policies and protocols that prioritize concussion prevention and management.
  4. Seek Legal Counsel: If you or a loved one has suffered a concussion due to negligence, contact an experienced personal injury attorney to discuss your legal options.

The Bottom Line

The $4.4 million settlement serves as a stark reminder of the devastating consequences of athletic trainer negligence in concussion cases. By understanding your rights and taking proactive steps to protect yourself, you can help ensure that athletes receive the care and protection they deserve. Don’t let negligence sideline your future.