Charles Cory-Wright QC and Jonathan Bellamy of Thirty Nine Essex Street were joined by a panel including Dr. Simon Kemp, RFU Chief Medical Officer, Derek Bickerstaff of FRCS and Neil Redman of SEMPRIS. The multi-disciplinary panel will discussed: • the management and presentation of a case to trial • the role and deployment of expert clinical evidence in the professional sport context • insurance coverage and issues • areas of future development

1. CLINICAL NEGLIGENCE IN
PROFESSIONAL SPORT
CHARLES CORY-WRIGHT QC
JONATHAN BELLAMY
WITH
DR SIMON KEMP
DEREK BICKERSTAFF FRCS
NEIL REDMAN

2. INTRODUCTION
• The Genesis of this Seminar and its Purpose
• Sport and Medicine: Relationship
• Ramifications in the Litigation Context
• Particular Issues
• Litigation Habits, Good or Bad

3. RISK AREAS AND EXAMPLES
• Orthopaedic and spinal
Hall v Everton FC [2014] EWHC 1625 (QB)
James v Llanelli RFC
• Traumatic brain injuries and concussion
Henry v British Boxing Board of Control
NFL Group Action - $765m, Mehr & ors v FIFA
• Cardiac screening
Marshall v Football Assoc. Ltd

4. ERRORS AND OMISSIONS
• Non-diagnosis
James v Llanelli RFC Ltd (prolapsed cervical disc C6/7)
• Misdiagnosis
Carr v Sheffield Wednesday FC (navicular fracture)
• Inadequate investigation
Brady v Sunderland AFC [1999] EWCA (popliteal artery)
Marshall v Football Assoc. Ltd (cardiomyopathy)
• Treatment and rehabilitation
Hall v Everton FC [2014] EWHC 1625 (QB) (ACL)

5. AREAS OF DEVELOPMENT
• Pre-contract signing medical examinations
• Selection of injured players
• International duties
• Third party advisors
• Expansion of insurance

6. INSURANCE COVERAGE AND ISSUES
• Employer’s liability cover
• Professional indemnity cover
• Limits of liability
• Dual insurance
• Club or country?

7. EXPERT EVIDENCE
• Appropriate areas of expertise
• Separate or jointly instructed experts
• The experts’ joint statement

8. MANAGEMENT AND PRESENTATION
OF A CASE TO TRIAL
• Pre-action investigation and correspondence
• Statements of Case – Counsel and expert input
• The costs and case management conference
• Mediation and settlement discussions
• Factual and expert evidence at trial

9. CLINICAL NEGLIGENCE IN
PROFESSIONAL SPORT
CHARLES CORY-WRIGHT QC
JONATHAN BELLAMY
WITH
DR SIMON KEMP
DEREK BICKERSTAFF FRCS
NEIL REDMAN