College Team Physicians: Navigating the Increased Liability Risk in a New Era of Athlete Compensation
The landscape of college athletics is shifting dramatically, sparking concerns among team physicians about the heightened risk of liability as college athletes begin to profit from their performances. With athletes now able to earn money through endorsements and other agreements, the stakes have never been higher.
The Shift in College Sports: A Cautionary Tale
A New Era of Athlete Earnings
Since July 2023, when the NCAA allowed college athletes to monetize their name, image, and likeness (NIL), the floodgates to multimillion-dollar endorsements have opened wide. Although compensation was previously limited and legal actions against team physicians were rare, the landscape is changing. Team physicians now face the daunting prospect of being sued for perceived poor medical outcomes that could impact an athlete’s financial future.
Understanding the Risk
Dr. James Borchers, Chief Medical Officer for the Big Ten and president of the U.S. Council for Athletes’ Health, highlights this shift. “The complexity for the clinician is going to be significant," he warns. "People may evaluate their situation and say, ‘I didn’t sign up for an 18-year-old making a million dollars and then claiming that my decision affected their ability to earn more.’”
Real-World Examples of Increased Liability
The Eagles Case: A Wake-Up Call
The case of Chris Maragos, a former player for the Philadelphia Eagles, sent shockwaves through the sports medicine community in 2023. A jury ordered his surgeon and an affiliated orthopedic group to pay him $43.5 million for claims of improper treatment. Such precedents raise alarms about potential lawsuits in college sports.
Even though no malpractice lawsuits involving lost earnings have materialized in the collegiate arena yet, many believe it’s only a matter of time. As Dr. Borchers points out, an athlete could argue that improper treatment diminished their earning potential, especially as NIL deals continue to proliferate.
Who Bears the Responsibility?
Understanding the Liability Landscape
In college sports, team physicians are typically employed by university medical centers or local medical groups, while athletic trainers work within the athletic department. These professionals must carry liability insurance, which often has standard limits of $1 million per incident and $3 million annually. However, as Mike Matray of Medical Liability Monitor notes, "An athlete’s economic damages, should a medical error end their career, would easily exceed those limits."
The Need for Increased Coverage
As the risks grow, team doctors like Dr. Jon Divine from Cincinnati are discussing raising their liability insurance coverage, potentially to $2 million or more. The increasing reliance on diagnostic imaging, such as MRIs, has also become commonplace, with Divine stating, “I’ve probably ordered more MRIs than I ever have in 25 years.”
Evolving Relationships: Trust or Transaction?
Changing Dynamics in Medical Care
The trust-based relationships traditionally enjoyed between athletes and medical professionals are evolving into more transactional and adversarial dynamics. Dr. David McAllister from UCLA explains that as athletes seek advice from agents and business managers, the focus shifts toward earning power over health.
This transition poses unique challenges for team physicians, who may find themselves caught in a relentless cycle of increased pressure and potential blame.
The Risk of Exiting the Profession
Dr. McAllister points out that some seasoned professionals are reconsidering their roles in sports medicine, saying, “There are experienced people who are either getting out or considering it because they don’t want to be exposed to the liability. They don’t find it that much fun anymore.”
Conclusion: Navigating a Complex Future
The intersection of healthcare and sports in colleges is undergoing a profound transformation. Team physicians are now faced with unprecedented challenges as they balance their commitment to athlete health with the looming specter of financial repercussions.
As college sports continue to evolve, so too must the strategies employed by medical professionals. The future of sports medicine at the collegiate level hinges on adapting to these new realities while safeguarding the health and well-being of the athletes they serve.
Related Reading
For deeper insights on college athletes and the changing landscape of sports medicine, consider exploring these resources:
By recognizing and addressing these emergent risks, the future can be navigated with clarity and confidence, promoting a culture of health and accountability in collegiate sports.
