BALANCING INVESTMENTS AND BODILY AUTONOMY IN PROFESSIONAL SPORTS: THE LEGAL DILEMMA OF MEDICAL DECISION-MAKING
BALANCING INVESTMENTS AND BODILY AUTONOMY IN PROFESSIONAL SPORTS: THE LEGAL DILEMMA OF MEDICAL DECISION-MAKING

Summary/Abstract: This paper analyses the legal and commercial disputes that arise when professional athletes, usually viewed both as individuals and as significant financial investment, incur severe injuries. The goal is to examine the potential conflict between clubs' financial interests in paying transfer fees and other expenses to acquire skilled players and athletes' rights to make autonomous and informed medical decisions and ultimately maintain control over their bodies. The methodology incorporates doctrinal analysis or the current regulatory framework and common practises, examination of contract law, athlete interviews, and a comparative analysis of case law from various jurisdictions. The findings indicate that while many player-club contracts include medical governance and return-to-play clauses, the regulation of the athlete's decision-making authority is insufficient, leading to potential liability for clubs, insurers, and physicians in cases of actually enforcing these clauses against the athletes. In the case of treatment and recovery from an injury, the paper suggests model contract terms that spell out who has the right to make decisions, how to share risks, and how to settle disagreements.

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