West Bromwich Albion Football Club Ltd. v El-Safty [2005] EWHC 2866 (QB) (14 December 2005)
West Bromwich Albion Football Club Ltd. v El-Safty [2005] EWHC 2866 (QB) (14 December 2005)
Description
Medical. The Defendant surgeon performed unsucessful reconstructive surgery on one of the Claimant's players. The advice to go down that route was negligent. On a preliminary issue to determine whether there was any duty to the club as opposed to the player, the Court found that despite paying the bills there was no contract with the club. Although a doctor can owe a duty to a person with whom he is not in a doctor / patient relationship on the facts of the case there was insufficient proximity between the specialist and the football club and it would not have been fair, just or equitable to impose a duty.