Medical Justice provides free consultations to doctors facing medico-legal obstacles. We have solutions for doctor-patient conflicts, unwarranted demands for refunds, online defamation (patient review mischief), meritless litigation, and a gazillion other issues. We also provide counsel specific to COVID-19. If you are navigating a medico-legal obstacle, visit our booking page to schedule a free consultation – or use the tool shared below.

Being asked to serve as team physician or consultant to an NFL team is flattering. It’s high profile. A vote of confidence. Hell, it doesn’t even have to be the NFL. Any professional sports team.

But with that vote of confidence comes risk. Like this recent news headline. Former NFL Pro Chris Maragos Wins $43.5 Million Malpractice Claim Over Knee Care.

Maragos didn’t suffer a stroke, blindness, or death. But he was not able to resume his career as a NFL player.

Maragos was 30 years old when he first injured his right knee during a game against the Carolina Panthers on October 12, 2017, according to his complaint filed in May 2018. It was his eighth year in the league. The injury was diagnosed as a posterior cruciate ligament (PCL) sprain, grade III. Bradley surgically repaired Maragos’ right knee and then oversaw and directed postoperative treatment with the support of Rothman Orthopaedics.

However, an MRI revealed that Maragos’ injury had been getting worse and that he suffered from a persistent partial tear at the posterior root of the medial meniscus and meniscus extrusion, according to the complaint.

At this point, according to testimony delivered during the trial, Bradley and Rothman Orthopaedics should have advised Maragos to limit his activities. Instead, they released Maragos, allowing him to run on dry land.

That further stressed Maragos’ knee, leading to additional complications and the premature end of his football career, according to an article published in FanNation.

The plaintiff’s attorney (Raffias) wrote:

“This case and this jury may have changed the course of history by now forcing these team doctors and trainers to stop worrying about when a player might return to play and start thinking about the next 50 years of a player’s life.”

$43 Million is an eye-popping number. Most physicians have $1/ $3M coverage. A judgment of $43 million leaves a big overhang of liability.

Not too long ago, a surgeon asked me to review an invitation to consult for a professional sports team.

His current carrier would not cover him for work with that team. He could find specialty carriers that would write an endorsement for that work – for a price, of course, in this case between $5k and $50k depending upon the coverage.

And such carriers want to know precisely what you will be doing. Meaning what specific duties. In some professional liability policies, restrictive wording limits or excludes coverage for professional sports. For underwriting purposes, a specific list of duties might need to be submitted to the carrier –  related to consulting or direct patient care. Crafting such a list could be a hornet’s nest. A list of duties could be exhaustive, depending on how specific; and be aware this could be a gray zone should a claim be filed. In addition, there can be an infinite number of subjective interpretations of any list of specific duties, and the carrier would be interpreting those duties you submitted.

Then, looking at the fine print, I noted language for indemnification. Here, if any allegation was made against the doctor for negligence, and the sports team was brought into this, the surgeon would have to defend them. Ugh. They’d indemnify the doctor only if they did something wrong. Consider the position that they understand the sports league, claims, and injuries to such players. The surgeon would be the one in the cross hairs. In my view, the sports team should have the doctor’s back and indemnify him even if he is determined to be negligent.

Next, what about $1M limits. In states with tort reform, sure, that might cover non-economic damages (such as pain and suffering). But, in virtually all states, there’s no limit for compensatory damages – such as medical bills, rehab bills, and lost wages. For professional athletes, not being on the playing field can result in a multi-million dollar hit. A $1M policy would be inadequate. Even a $10M policy would barely scratch the surface. Finally, what if you travel with the team? Do you need a license to practice in the other states (sometimes one can get a limited license depending upon the job description)? Which state law would address any claims?

Most team doctor interactions don’t end up in injury and litigation. Most of the time the doctor just gets kudos for taking care of the team. Flowers and chocolate. And there’s plenty of marketing panache that comes from being a team doctor or consultant. But the risk is nonzero. Unless managed well on the front end, the role can be fatal to your nest-egg.

So, what to do?

There’s always a balance between a practical answer (and) a legal answer. Understand your real risk before there’s a problem. Then decide how much risk you can transfer and how much you can tolerate.

What do you think?

Medical Justice provides free consultations to doctors facing medico-legal obstacles. We have solutions for doctor-patient conflicts, unwarranted demands for refunds, online defamation (patient review mischief), meritless litigation, and a gazillion other issues. We also provide counsel specific to COVID-19. If you are navigating a medico-legal obstacle, visit our booking page to schedule a free consultation – or use the tool shared below.

Jeffrey Segal, MD, JD

Chief Executive Officer and Founder

Dr. Jeffrey Segal, Chief Executive Officer and Founder of Medical Justice, is a board-certified neurosurgeon. Dr. Segal is a Fellow of the American College of Surgeons; the American College of Legal Medicine; and the American Association of Neurological Surgeons. He is also a member of the North American Spine Society. In the process of conceiving, funding, developing, and growing Medical Justice, Dr. Segal has established himself as one of the country’s leading authorities on medical malpractice issues, counterclaims, and internet-based assaults on reputation.

Dr. Segal was a practicing neurosurgeon for approximately ten years, during which time he also played an active role as a participant on various state-sanctioned medical review panels designed to decrease the incidence of meritless medical malpractice cases.

Dr. Segal holds a M.D. from Baylor College of Medicine, where he also completed a neurosurgical residency. Dr. Segal served as a Spinal Surgery Fellow at The University of South Florida Medical School. He is a member of Phi Beta Kappa as well as the AOA Medical Honor Society. Dr. Segal received his B.A. from the University of Texas and graduated with a J.D. from Concord Law School with highest honors.

In 2000, he co-founded and served as CEO of DarPharma, Inc, a biotechnology company in Chapel Hill, NC, focused on the discovery and development of first-of-class pharmaceuticals for neuropsychiatric disorders.

Dr. Segal is also a partner at Byrd Adatto, a national business and health care law firm. Byrd Adatto was selected as a Best Law Firm in the 2023 edition of the “Best Law Firms” list by U.S. News – Best Lawyers. With over 50 combined years of experience in serving doctors, dentists, and other providers, Byrd Adatto has a national pedigree to address most legal issues that arise in the business and practice of medicine.