Concussion in sport

The topic of concussion in sport is constantly in the news. It is also a subject being debated at many of the SEM industry conferences and events. This year, with the case of Cillian Willis suing Sale Sharks, and the team doctors, we are seeing the first legal case of a professional rugby player taking his employer to court.

All eyes on are on the case as we await the court ruling. The outcome will no doubt lead to the change in the way concussion is dealt with in Rugby.

In the news

As well as the many news reports on the subject (we link to a selection here) there are now a number of interesting views and articles being published by legal firms.

Irish Times – 23 August 2016

The Guardian – 23 August 2016

BBC Sports – 24 August 2016

City AM – 24 August 2016

One view on the legal issues concerning the management of concussion in sport, published in 2015 on the UK Acquired Brain Injury Forum website, is provided by Ian Christian and Stephen Nye of Irwin Mitchell Solicitors. They conclude that those responsible for player welfare owe a duty of care to the players and must therefore, understand when they are exposed to liability for any potential claims.

It appears that the subject of concussion in sport is here to stay, and its not just about rugby but the problem spans boxing, football and many other sports too. For sports medical professionals its a case of making the right decision sometimes under pressure but it highlights the risks involved in caring for elite sports people.

It is worth checking that you have appropriate indemnity cover should you be in a position where legal proceedings could arise. Our medico-legal team are happy to provide advice and support to our members in relation to this and many other legal matters.

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