Several prominent medical organizations are worried about the increasing liability risks for doctors treating elite athletes as athletes’ salaries continue to rise. The American Orthopaedic Society for Sports Medicine (AOSSM), along with 27 other co-signers, recently distributed an open letter stating that “recent and ongoing litigation may have an enormous negative impact on the medical care of competitive and elite athletes.” This letter comes after 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.
The Impact
The rising salaries of professional athletes and the increasing number of big-money Name Image Likeness deals for college and high school athletes have led to a significant increase in liability for future earnings. This increase in liability could keep some of the nation’s top doctors and surgeons from treating high-level athletes of all ages. Dr. Scott Rodeo, the head team physician for the New York Giants, told ESPN that potential liability concerns may impact the availability of qualified sports medicine experts for athletes. He also suggested that recent cases may be the tip of the iceberg, and some physicians may decide that 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, is also concerned that younger doctors considering specializing in sports medicine may be deterred by the elevated risk of treating high-price athletes. She said that it may lead to young physicians choosing a different path entirely, as the liability and the risks in sports medicine may not be worth it.
Moreover, as the risk rises, obtaining malpractice coverage through insurance companies is becoming 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. The AOSSM is calling for subspecialists to 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 group is also calling for a higher standard for expert testimony in malpractice legal cases involving injured athletes. The organization wrote that “a concerted effort is needed to preserve the future of the sports medicine field,” and in cases where expert testimony is required, this testimony should come from a qualified medical physician expert.
Dr. Mark Miller, the AOSSM president, told ESPN that the reason and timing for the statement is simple. He said that they want to raise public awareness that this issue affects the care of all people they take care of. Their ability to serve all of their patients from the playground to the professional level is at risk.
The rising salaries of top-level athletes have led to an increase in liability for future earnings, which has made it more difficult for doctors to treat elite athletes. This may impact the availability of qualified sports medicine experts for athletes, and some physicians may decide that the liability is not worth it anymore. The AOSSM is calling for subspecialists to work together to fight the unnecessarily high legal risk of practicing sports medicine and for a higher standard for expert testimony in malpractice legal cases involving injured athletes.
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