The following sample scenarios highlight circumstances under which a doctor is exposed to the potential risk of a third party claim in the event of alleged negligence.
- Any direct arrangement, written or oral, with a Club or Sports Body to provide services for reward – Contract
- Orthopaedic Consultants, Radiologists, Cardiologists or SEM Physicians undertaking and invoicing clubs for pre-transfer medical assessments / reports on a player – Contract
- Routine screening programmes of players (typically MSK radiology or cardiology) undertaken on behalf of a club and invoiced to the club – Contract
- Routine attendance (medical cover) at matches at request of clubs with consideration of any kind, including seats, hospitality etc. – Contract
- Invoices / fee notes addressed directly to the Club or Sports Body – Contract
- Referrals received directly from non-healthcare professionals at Clubs – Contract
- Subrogated claims “The principle under which an insurer that has paid the loss under an insurance policy (medical malpractice / loss of asset insurance / employers liability insurance / long term disability insurance) held by a club is entitled to take on all the rights and remedies belonging to the insured (club) against a third party (negligent doctor) with respect to any injuries or breaches covered by the policy.”
- Imaging Centres, hospitals, cardiology screening services providing a contracted service to a club which includes the services of a doctor can defer either directly or under subrogation to the indemnity of the contracted doctor in the event of a claim against it for negligence, deemed to be the responsibility of the doctor.
- Doctors employed by clubs – claims directed by players/athletes at clubs, governing bodies, or sports medicine organisations (FA, RFU, EIS etc.) rather than at named doctors, where the club ‘joins’ the doctor in the alleged negligence claim.