NAME: ___________________________________

PERIOD: _____________________

SCENARIO- BASEBALL LAWSUIT

A baseball batter was struck with a pitched ball directly in the orbit (bone/ area around
the eye) of the right eye and fell immediately to the ground. The athletic trainer ran to
the player to examine the eye. There was some immediate swelling and discoloration
around the orbit, but the eye appeared normal. The player insisted that he was fine and
told the athletic trainer he could continue to bat. After the game the athletic trainer told
the athlete to go back to his room and put ice on his eye, and check in tomorrow. That
night the baseball player began to hemorrhage (bleed) into the anterior (front) chamber
(area) of the eye and suffered irreparable (can not fix) damage to his eye. An
ophthalmologist (eye doctor) stated if the athlete’s eye had been examined immediately
after the injury, the bleeding could have been controlled and there would not have been
any damage to his vision.

If the athlete brings a lawsuit against the athletic trainer, what must the athlete
prove if he is to win a judgment?

Action Yes or No and Why?

1. That the athletic trainer had a duty of 1.
care to the athlete.

2. The athletic trainer committed a breach 2.

of duty that caused the injury to become
worse.

3. The athlete must prove that the athletic 3.

trainer doesn’t know anything about eyes.

4. Prove that the athletic trainer committed 4.

malfeasance.

5. The athletic trainer could not be sued by 5.

the athlete because of the Good Samaritan
Law.

6. Prove that the athletic trainer did not 6.

an acceptable standard of care.