CLINICAL NEGLIGENCE IN PROFESSIONAL SPORT

CHARLES CORY-WRIGHT QCJONATHAN BELLAMY

WITHDR SIMON KEMP

DEREK BICKERSTAFF FRCSNEIL REDMAN

INTRODUCTION

• The Genesis of this Seminar and its Purpose • Sport and Medicine: Relationship• Ramifications in the Litigation Context • Particular Issues • Litigation Habits, Good or Bad

RISK AREAS AND EXAMPLES

• Orthopaedic and spinal Hall v Everton FC [2014] EWHC 1625 (QB) James v Llanelli RFC

• Traumatic brain injuries and concussion Henry v British Boxing Board of Control

NFL Group Action - $765m, Mehr & ors v FIFA• Cardiac screening

Marshall v Football Assoc. Ltd

ERRORS AND OMISSIONS

• Non-diagnosis James v Llanelli RFC Ltd (prolapsed cervical disc C6/7)• Misdiagnosis

Carr v Sheffield Wednesday FC (navicular fracture)• Inadequate investigation

Brady v Sunderland AFC [1999] EWCA (popliteal artery)Marshall v Football Assoc. Ltd (cardiomyopathy)

• Treatment and rehabilitation Hall v Everton FC [2014] EWHC 1625 (QB) (ACL)

AREAS OF DEVELOPMENT

• Pre-contract signing medical examinations• Selection of injured players• International duties• Third party advisors • Expansion of insurance

INSURANCE COVERAGE AND ISSUES

• Employer’s liability cover• Professional indemnity cover• Limits of liability• Dual insurance• Club or country?

EXPERT EVIDENCE

• Appropriate areas of expertise• Separate or jointly instructed experts• The experts’ joint statement

MANAGEMENT AND PRESENTATION OF A CASE TO TRIAL

• Pre-action investigation and correspondence• Statements of Case – Counsel and expert input• The costs and case management conference• Mediation and settlement discussions• Factual and expert evidence at trial

CLINICAL NEGLIGENCE IN PROFESSIONAL SPORT

CHARLES CORY-WRIGHT QCJONATHAN BELLAMY

WITHDR SIMON KEMP

DEREK BICKERSTAFF FRCSNEIL REDMAN