Wrongful Death Suit Questions Medical Treatment of Professional Athletes

Derek Boogaard was a professional hockey player known for his fists more than his skill with the puck.  His unexpected death in 2011, and the recent lawsuit that followed, renews questions concerning the obligations of the physicians tasked with treating professional athletes.  While publicity over this litigation trend is largely focused on the NFL’s safety precautions, this recent suit has ignited a firestorm of questions over the adequacy of medical care provided to all athletes and may open the door to increased liability.

The suit filed this month by Boogaard’s family against the NHL alleges that inadequate medical care led to brain damage and his untimely death.  According to the media, Boogaard died two-years ago as a result of an accidental overdose.  Boogaard, who played professionally with the Rangers and the Wild, was known as an enforcer who sustained injuries during on-the-ice brawls, including a concussion during his final game in December 2010.  He also was known to have substance abuse problems, allegedly stemming from the pain medications he was proscribed as result of these injuries.

After his death, it was discovered that Boogaard had suffered from chronic traumatic encephalopathy, or C.T.E, a brain disease caused by repeated blows to the head.  C.T.E. is the same disease suffered by Dave Duerson, the former NFL player who committed suicide in 2011 spurring the class-action NFL suit.

The current suit against the NHL alleges deficient care from certain team doctors and counselors of the league’s Substance Abuse and Behavioral Health Program.  The suit blames the league and its doctors for both his CTE and his death as result of substance abuse. Boogaard’s estate also alleges that Boogaard was provided scores of prescription pain medications, sleeping pills, and injections by NHL physicians, dentists, trainers and staff to combat the injuries he sustained during game fights.

Although the physicians were not sued individually, the implications of this suit remain significant for the medical profession.  The suit places athletes’ medical care into the limelight.  With claims of C.T.E on the rise throughout professional sports, and the increase of similar litigation, medical professionals may find themselves under increased scrutiny and at an increasing risk for liability.