Baggies lose court case
West Bromwich Albion have lost a multi-million pound court case against a surgeon.
West Bromwich Albion have lost a multi-million pound claim against a surgeon they alleged was crucial in ending the career of midfielder Michael Appleton.The former Manchester United trainee was forced to hang up his boots as a West Brom player after picking up a posterior cruciate ligament injury in his right knee back in November 2001.
It prompted The Baggies at the time to refer Appleton to orthopaedic surgeon Medhat Mohamed El-Safty, who specialised as a consultant in sports injuries.
El-Safty recommended reconstructive surgery to repair the damage in Appleton's knee - a move that proved ill-advised in terms of his ability to return to professional football.
West Brom deemed that El-Safty's advice was negligent, claiming that if the injury had been allowed to heal without surgery, Appleton would have been fit to play again in four months' time.
Seeking damages for the loss of the midfielder's contract and the cost of replacing him in their squad, West Brom took their claim against El-Safty to court.
Three judges at the Court of Appeal, however, sided with El-Safty after stating he owed no duty of care to the Championship club, as he did not have a contract with The Baggies or have the right to claim financial losses from the surgeon.
"If WBA had wanted Mr El-Safty's advice for the purposes of its own interests, it could have made that plain to him," said Lord Justice Rix.
"He would then have been put in a position where he could choose to charge for that advice and the risks involved in giving it, or of disclaiming liability."
Despite losing their case in the courts, West Brom chairman Jeremy Peace felt they had to pursue legal action against El-Safty.
"We knew full well it would have been a ground-breaking decision, if the Court of Appeal had ruled in our favour," Peace said in a statement on the club's official website.
"However, given the size of the fee we paid for Michael's services, the losses we suffered on his salary and the cost of finding a replacement, we felt it was a case worth fighting.
"We're very disappointed with the outcome but understand why the Court of Appeal may have been reluctant to set a precedent in this type of case, as it would have had a major impact on the sports/medical profession."
Appleton, meanwhile, is pursuing his own lawsuit against El-Safty for his own losses in being forced to retire from professional football.
