Dealing with the NFL's Concussion Problems of Yesterday, Today, and Tomorrow

This paper takes an early look at the concussion-related issue for the NFL on how to take care of former NFL players who are currently suffering, often because of concussions they sustained while playing in the NFL. It discusses the Merril Hoge suit, the first case in the US based on a team physician's failure to warn an athlete about the risks and dangers in returning too soon after sustaining a concussion. It further discusses the elements the injured athlete must prove: (1) a duty owed by the physician to the plaintiff based upon the patient-physician relationship, (2) a breach of the standard of care, (3) an injury (or the aggravation of an injury), and (4) that the breach caused the further injury. In Green v. Walker, the Fifth Circuit reversed and remanded on a claim of negligence in favor of holding the examining physician liable where the doctor performed the examination at the request of a third party, at least to the extent of the tests conducted at the examination. The court found that the NFL could protect itself from false claims by sending the former player to a physician of its choosing. This clearly can affect the team physician's treatment of the injured athlete. The conclusion details options in dealing with this issue