Legal position of independent orthopaedic surgeon

West Bromwich Albion Football Club Ltd v El- Safty [2006] EWCA Civ 1299

Counsel: For the appellant: Jeremy Stuart Smith QC For the respondent: Stephen Miller QC, Mary O’Rourke Solicitors: For the appellant: Nexus For the respondent: Medical Protection Society

This was an appeal by the football club against a decision of the Hugh Court that that the respondent, E, who was an orthopaedic surgeon, owed no duty of care to the club, either in contract or in tort in respect of medical treatment which he gave to P, one of the club’s players. The club had taken out a policy of medical insurance to cover treatment that its players might require. P and the other players were not parties to that contract, but were described as “members” of the insurance scheme. E provided services to the club, and his fees arising from the medical treatment which he gave to the players were settled by the insurance company. Neither the club nor the insurance company paid fees to E in respect of any advice or treatment given by him to the club.