Untreated Injury: Man Utd Faces £1M Lawsuit Over Defender’s Spinal Cord Injury Neglect
The pursuit of victory in professional sports often comes at a steep price, and sometimes, that price is paid by the athletes themselves. When injuries occur, the duty of care falls squarely on the shoulders of the clubs and organizations responsible for their well-being. But what happens when that duty is neglected, leading to long-term damage and lost career earnings?
Manchester United, one of the world’s most iconic football clubs, is currently facing a £1 million lawsuit that throws this very question into sharp relief. The case, brought by former defender Axel Tuanzebe, alleges clinical negligence in the handling of a spinal injury, claiming that the club’s actions have significantly impacted his ability to play and, consequently, his earning potential. According to the National Institute of Health, 8.7% of new cases of spinal cord injuries in the U.S. result from playing sports.
The Core of the Claim: Negligence and Missed Opportunities
At the heart of Tuanzebe’s claim is the assertion that Manchester United failed to adequately manage stress fractures in his spine, leading to a chronic condition that now restricts his ability to play “without restriction or impediment”. The timeline is crucial:
- January 2020: Tuanzebe suffered a left-sided pars fracture.
- July 2022: The injury deteriorated into a chronic condition, with a similar fracture developing on the right side of his spine.
The lawsuit alleges that an MRI scan in early 2020 should have raised red flags, prompting a referral to a specialist sports spinal surgeon. It’s claimed that such a referral would have led to a recommendation of at least 12 weeks of rest, potentially preventing the condition from worsening. Instead, Tuanzebe was allegedly reintegrated into the team within a couple of months, a decision that he argues exacerbated his injuries.
Duty of Care: What are the responsibilities?
In sports, the concept of “duty of care” is paramount. Sports clubs and organizations have a legal and ethical obligation to protect their athletes from foreseeable harm. This includes:
- Providing a safe environment for training and competition.
- Ensuring access to appropriate medical care.
- Implementing rigorous safety protocols.
- Providing adequate training and supervision.
- Maintaining facilities and equipment to established safety standards.
When a club fails to meet these obligations, they can be held liable for negligence. Negligence, in a sports context, occurs when a party’s failure to act with reasonable care results in harm to another. This can include errors in judgment, failure to follow proper safety protocols, or inadequate supervision.
Proving Negligence: The Four Key Elements
To succeed in a negligence claim, Tuanzebe must demonstrate four key elements:
- Duty of Care: That Manchester United owed him a duty of care.
- Breach of Duty: That the club breached that duty through negligent actions or omissions.
- Causation: That the breach of duty directly caused his injuries.
- Damages: That he suffered actual damages as a result of the injuries, such as lost earnings and career prospects.
The Potential Ramifications: Impact on Career and Earnings
Tuanzebe’s lawsuit highlights the potential long-term consequences of untreated injuries in professional sports. The claim asserts that the mishandling of his spinal injury has not only caused him ongoing pain and discomfort but has also significantly impacted his career trajectory and earning potential.
The lawsuit states that “Appropriate treatment plans would, on the balance of probabilities, have resulted in the claimant avoiding the pain and discomfort… and would have resulted in him being able to play professional football at elite level without restriction or impediment”.
Legal Precedents and the Shifting Landscape of Athlete Welfare
Tuanzebe’s case is not an isolated incident. There have been several high-profile cases where athletes have taken legal action against clubs and organizations for negligence in handling injuries.
- Michael Watson vs. British Boxing Board of Control: A boxer who sustained a brain injury due to inadequate medical provisions during a fight successfully sued the BBBoC, leading to reforms in medical safety standards.
- Ben Collett vs. Middlesbrough Football Club: A former Manchester United reserve player was awarded over £4.3 million in damages after a negligent tackle ended his career.
These cases underscore a growing awareness of athlete welfare and a willingness to hold clubs accountable for their actions.
What Can Athletes Do?
If you’re an athlete who believes you’ve suffered an injury due to negligence, here are some steps you can take:
- Seek Medical Attention: Get a thorough medical evaluation and document your injuries.
- Gather Evidence: Collect all relevant documents, including medical records, training schedules, and communications with club officials.
- Consult a Personal Injury Attorney: An attorney can assess the merits of your case and guide you through the legal process.
- File a Claim: Your attorney can help you file a personal injury claim and negotiate with the responsible party’s insurance company.
The Broader Implications: A Call for Greater Accountability
The Untreated Injury: Man Utd Faces £1M Lawsuit Over Defender’s Spinal Cord Injury Neglect serves as a stark reminder of the importance of athlete welfare and the potential consequences of negligence. As sports continue to evolve, it is imperative that clubs and organizations prioritize the health and safety of their athletes, ensuring they receive the care and support they need to thrive, both on and off the field. This includes coaches ensuring proper training, recognizing signs of fatigue, and stopping play when necessary. Similarly, athletic trainers and doctors must provide proper diagnoses and treatment.