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ACSM

010-111 · Question #255

Failure to conduct thorough pre-participation screenings with members puts the personal trainer at increased risk of being sued for ______.

The correct answer is A. negligence. Negligence occurs when a professional fails to meet an established standard of care, and skipping pre-participation health screenings is a failure of that duty that could foreseeably lead to client harm.

Legal, Professional, and Ethical Responsibilities

Question

Failure to conduct thorough pre-participation screenings with members puts the personal trainer at increased risk of being sued for ______.

Options

  • Anegligence
  • Bdiscrimination
  • Cbreach of contract
  • DHIPAA violations

How the community answered

(25 responses)
  • A
    76% (19)
  • B
    4% (1)
  • C
    4% (1)
  • D
    16% (4)

Why each option

Negligence occurs when a professional fails to meet an established standard of care, and skipping pre-participation health screenings is a failure of that duty that could foreseeably lead to client harm.

AnegligenceCorrect

Negligence in a professional context requires four elements - duty, breach, causation, and damages. A personal trainer has a duty to screen clients for health risks before exercise; failing to perform that screening constitutes a breach of that duty. If a client is then harmed by exercise that the screening would have flagged as contraindicated, the trainer is exposed to a negligence lawsuit.

Bdiscrimination

Discrimination involves treating individuals differently based on protected characteristics such as race, gender, or disability - it is not related to the omission of health screening procedures.

Cbreach of contract

Breach of contract arises from failing to fulfill specific terms agreed upon in a contract, which is legally distinct from the tort of negligence arising from a failure to meet a professional standard of care.

DHIPAA violations

HIPAA violations relate specifically to the unauthorized disclosure of protected health information and are not triggered by the failure to conduct pre-participation screenings.

Concept tested: Negligence liability from failure to screen clients

Topics

#negligence#pre-participation screening#liability#risk management

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