This article is published as part of Capsticks’ Medical Malpractice and Casualty Forward View 2023.

Claims by elite rugby players for neurological impairments alleged to arise from repetitive concussive and sub-concussive blows to the head, are gathering pace.

It has been reported that Rylands Garth (solicitors) are representing more than 200 rugby players, including high profile former internationals Steve Thompson and Ryan Jones. The firm’s clients are suing the Rugby Football Union (RFU), Welsh RFU and World Rugby alleging that they were negligent in failing to protect players from permanent injury. Similar proceedings have been commenced by rugby union players in Ireland and in France by those who (like Thompson) played in that country. In addition, rugby league players are suing the Rugby Football League.

It is the scale of the potential litigation which could make this akin to an ‘industrial disease’.

In football, the Football Association (FA) and Scottish FA have issued guidance on heading the ball to minimise the risk of injury. This is likely to be too late to prevent head injury claims from former players.

At the moment no guidance has been issued or intimated by FIFA. In rugby the RFU voted to lower the legal tackle height in the amateur game to the waist but has had to review this decision after a backlash from community clubs.

All sports clubs, whether operating in the elite or amateur sphere involving adults or children need to keep abreast of guidance from regulatory bodies and undertake (where appropriate) their own risk assessments (particularly where there is no guidance from the regulator). As always, documenting the process and decision making will be key. Capsticks have worked with leading sports bodies to improve governance and clinical risk management.

Medical Malpractice and Casualty Forward View 2023

This article is part of Capsticks’ Medical Malpractice and Casualty Forward View 2023.

Read the other articles featured in this publication below:

• Spotlight on three appeal court decisions to look out for in 2023
• Courts will continue to take a robust approach to fraud, but defendants should be rigorous when assessing the strength of their case
• Private surgeons could face Covid-19 related claims
• Covid-19 public inquiry: private hospitals may face requests for statements and documents
• Government prepares for Personal Injury Discount Rate (PIDR) review
• There could be an increase in the cost of care claims, but a decrease in the cost of accommodation claims
• Private hospitals and MedTech companies will need to keep an eye on emerging product and general liability risks
• New legislation may mean more clinical trials, but ‘lighter touch’ regulation and some simplified procedures
• Legal liabilities for transport of the future: e-scooters and self-driving vehicles
• Fixed recoverable costs (FRCs) – timetable delayed
• Civil Procedure Rules Committee (CPRC) may be the bearer of good news for defendants

Get in touch

Aiming to be the firm of choice for medical malpractice and casualty insurers, we advise and support on all aspect of claims and inquests.

To discuss how any of these issues may affect your organisation, please get in touch with Majid Hassan or Chery Blundell.