(1) Visual
(2) Citation
(3) Summary
This article describes the court case of 2011 of four student athletes with the NCAA. It found the NCAA guilty of negligence but not responsible. The individual institutions hold responsibility of medical coverages due to the insurance policies.
(4) Author
Angel Gustavo Rivera is a lawyer, and a member of the Houston Law Center. This is aw review of the 2011 court cases that discusses defense and the conclusions reached in the court cases.
(5) Key Terms
Concussion Policy
Negligence
NCAA concussion Management Plan Legislation
(6) Quotes
"The guideline reject any measure of responsibility for the NCAA, its member schools,
and the coaching staff or individual teams and, instead puts the burden on the shoulders of
student-athletes who have just sustained fresh head trauma to not just seek out medical attention,
but decide whether to seek it in the first place." (5)
"A 2011 lawsuit against the NCAA argued that the NCAA acted with “negligence and inaction with respect to concussions and concussion related maladies sustained by its student-athletes all the while profiting immensely from those same student-athletes.” (3)
and the coaching staff or individual teams and, instead puts the burden on the shoulders of
student-athletes who have just sustained fresh head trauma to not just seek out medical attention,
but decide whether to seek it in the first place." (5)
"A 2011 lawsuit against the NCAA argued that the NCAA acted with “negligence and inaction with respect to concussions and concussion related maladies sustained by its student-athletes all the while profiting immensely from those same student-athletes.” (3)
"It is unrealistic to expect athletes to monitor their own injuries particularly involving
concussions.17 For athletes, quitting is not an option, and without institutional oversight this
stubborn mentality could be fatal. Concussions can be difficult to identify at the onset and may
go unrecognized, which places individuals at risk for future and more complicated injury. Most
of student-athletes evade and hide their head related symptoms generating a lack of report of
previous injuries that may lead to an unknown number of concussions for individuals and adds to
the complexity of the return-to-play decision.18 For this reason, subsection (a) needs to ensure
that student-athletes, coaches, team physicians, trainers, athletic directors and officials are
included in the education of concussions before a season starts." (6)
concussions.17 For athletes, quitting is not an option, and without institutional oversight this
stubborn mentality could be fatal. Concussions can be difficult to identify at the onset and may
go unrecognized, which places individuals at risk for future and more complicated injury. Most
of student-athletes evade and hide their head related symptoms generating a lack of report of
previous injuries that may lead to an unknown number of concussions for individuals and adds to
the complexity of the return-to-play decision.18 For this reason, subsection (a) needs to ensure
that student-athletes, coaches, team physicians, trainers, athletic directors and officials are
included in the education of concussions before a season starts." (6)
(7)Value
This case applied serious pressure on the NCAA. It made the issues more visible and laid foundation for current events to take place. Analyzing this case will help me see the negligence the NCAA showed, and how a school can do the opposite to gain respect. The NCAA can invest more money into this important issue.
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