This article is published as part of Capsticks’ Medical Malpractice Forward View 2022.

Concussion injury and its consequences continue to be in the news, with group litigation planned by both rugby and football players. With some medical experts stating that there is clear evidence of a link between concussion injuries in the two sports and the degenerative brain condition CTE, we could see more claims of this nature, including from other sports where head injury is a risk. Causation will be a key argument in any such case but the group litigation has now firmly put this issue front and centre for all sports where there is such risk.

The costs judgment in the case of Hankin v Saracens Rugby Club and others reveals that the claim was settled by a fellow player and a Sports Medicine Physician at a mediation in February 2021. It is a highly unusual case on its facts as the first of two concussions suffered by the Claimant was as a result of a head injury during an off pitch drinking game. The allegation against the physician was in relation to Hankin being diagnosed as fit to play in a game about a month later in which he suffered a second concussion which ended his career. It is the return to play issue which will be the focus of cases relating to concussion. 

Capsticks has worked with a number of elite sports clubs and international organisations to review governance frameworks around clinical risk and litigation management and can provide guidance on this topic.

Medical Malpractice Forward View 2022 

This article is part of Capsticks’ Medical Malpractice Forward View 2022

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

To discuss how any of these issues may affect your organisation, please get in touch with Majid HassanSarah Bryant or Ed Mellor.