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NFL

Top doctors say liability costs may harm care

  • Stephania Bell, ESPN Senior WriterJun 12, 2023, 03:23 PM ET

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    • Senior writer for ESPN.com
    • Certified orthopedic clinical specialist and strength and conditioning specialist
    • Clinician, author and teacher

A group of prominent medical organizations says it’s growing concerned about what they consider to be a threat to medical care for top-level athletes: increasing liability risks for doctors as salaries for those athletes rise.

The American Orthopaedic Society for Sports Medicine (AOSSM), along with 27 co-signers, distributed an open letter recently saying that “recent and ongoing litigation may have an enormous negative impact on the medical care of competitive and elite athletes.”

The letter comes on the heels of several significant legal cases, including one where former NFL player Chris Maragos was awarded $43.5 million by a Philadelphia jury after accusing his surgeon and the group that oversaw his rehabilitation of malpractice for their decisions related to a meniscal tear. He contended in court that the case cost him at least $8.7 million in future NFL earnings, but was awarded five times that in damages.

Dr. Mark Miller, the AOSSM president, told ESPN the reason and timing for the statement is simple.

“If not now, when?” he said. “We want to raise public awareness that this issue affects the care of all people we take care of. Our ability to serve all of our patients from the playground to the professional level is at risk.”

As salaries have risen for professional athletes, and as college and even some high school athletes have secured big-money Name Image Likeness deals, the liability for future earnings has increased significantly, the group wrote. That could keep some of the nation’s top doctors and surgeons away from treating high-level athletes of all ages.

Dr. Scott Rodeo, the head team physician for the New York Giants, told ESPN potential liability concerns may impact the availability of qualified sports medicine experts for athletes.

“Recent cases may be the tip of the iceberg,” Rodeo said, “and some physicians may decide the visibility associated with caring for athletes may not be worth the liability risk anymore.”

Dr. Robin West, the lead team physician for the Washington Nationals, said she was concerned that younger doctors considering specializing in sports medicine may be deterred by the elevated risk of treating high-price athletes.

“It may lead to young physicians opting to choose a different path entirely because the liability and the risks in sports medicine aren’t worth it,” she said.

And it may not only be physicians deciding to step away from caring for elite athletes that potentially shrinks the provider pool. As risk rises, obtaining malpractice coverage through insurance companies is also more difficult.

“A prominent orthopedic surgeon who takes care of professional athletes has already indicated that his insurance will no longer allow him to take care of this population because of this very issue,” Miller said.

“Subspecialists must work together to fight the unnecessarily high legal risk of practicing sports medicine and the damage that it will do to the profession and the medical care of athletes,” the AOSSM wrote in its statement.

The group is also calling for a higher standard for expert testimony in malpractice legal cases involving injured athletes.

“It’s a level of expertise that requires additional training, additional skills and it takes a tremendous commitment,” said Miller. “In cases that do go to trial, there should be expert testimony that’s on an equal level. That didn’t happen in some of these cases.”

“A concerted effort is needed to preserve the future of the sports medicine field,” the organization wrote, “and in cases where expert testimony is required, this testimony should come from a qualified medical physician expert.”

Soccer

Report: Mbappe tells PSG he intends to leave next summer

French superstar Kylian Mbappe informed Paris Saint-Germain in a letter on Monday that he intends to decline the one-year player option in his contract and leave the club as a free agent when it expires in June 2024, a source told The New York Times’ Tariq Panja.

The surprising development raises the possibility of the club selling him as soon as this summer.

PSG are adamant they won’t lose the 24-year-old for nothing next year, transfer insider Fabrizio Romano reports, leaving them with no choice but to sell him in the coming months if they can’t reach a swift agreement over a new and improved contract.

The one-year option would have extended his stay until June 2025.

PSG had spent the past few months negotiating a new contract for Mbappe, according to Panja. Their bargaining position is considerably weaker, given clubs know they can sign the World Cup winner next summer without paying a transfer fee.

The letter – which French media reportedly obtained before the club itself – contained written notice of Mbappe’s decision. He had until July 31 to take up the option.

PSG almost lost their star striker on a free transfer to Real Madrid last summer following the expiration of his previous deal. With the help of French President Emmanuel Macron, who urged Mbappe in a private call to stay, PSG managed to tie him down for another two years. The club reportedly agreed to pay Mbappe around $25 million annually on top of the $125-million signing bonus he received upfront.

Now, PSG will have to sweeten the pot even more if they hope to keep him long term.

Monday’s report could encourage Madrid to make another bid for Mbappe in the upcoming transfer window, which opens in France on July 1 and in Spain on July 3. Madrid are looking for a striker to replace 2022 Ballon d’Or winner Karim Benzema, who recently left the club for Saudi Arabia’s Al-Ittihad.

PSG paid AS Monaco a reported $216 million to sign Mbappe in a permanent deal in 2018. He’s since become Les Parisiens’ all-time leading scorer with 212 goals in 260 appearances.

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