Can football players sue their clubs for medical negligence?

A football player's claim for medical negligence against their club hinges on two key factors: the adequacy of medical care and rehabilitation provided, and the extent to which the club safeguarded their long-term health when making team selections—particularly if they were selected despite ongoing or unresolved injuries.
 
Interestingly, irrespective of the contractual relationship between the doctor and the club, players often perceive the doctor as an extension of the club itself—regardless of whether they are self-employed or employed by the club. Moreover, while the doctor may hold discretionary cover with a medical defence organisation, it's unclear whether such a policy would respond to a subrogated claim for medical malpractice

Key factors in determining liability:
Duty of care: The club may owe a duty of care to provide adequate medical treatment and ensure their well-being.
Standard of care: The court will assess whether the club's medical staff met the standard of care expected in similar situations.
Causation: The player must prove that the club's alleged negligence directly contributed to their chronic condition and / or career struggles.

Potential implications:
Precedent for player-club liability: If a player’s claim is successful, it could establish a broader duty of care for any club toward the players, potentially leading to an influx claims.
Increased scrutiny on club practices: cases may prompt clubs to reevaluate their player welfare policies and medical treatment protocols.

Given the complexity of legal responsibilities in sports medicine, particularly around non-delegable duty of care and vicarious liability, it is essential that NGBs and clubs take a proactive, structured approach to risk management.

We strongly advise undertaking a thorough review of all policies, procedures, and contractual arrangements. This proactive step not only helps minimise the risk of legal disputes and reputational harm but also reaffirms your organisation’s dedication to employee welfare and excellence in care standards. Howden has previously raised this topic in the article, ‘who’s responsible for medical malpractice in sport’ and outlined the practical steps for clubs/NGBs to mitigate their risk. 

If you have any questions about cover or would like to discuss risk management further, Howden Health & Care team are happy to assist.