Concussion in Professional Team Sports: Time for a Harmonised Approach?

ISBN-13: 9789811519819 / Angielski / Miękka / 2022 / 348 str.

Alexandra Veuthey

Spis treści

Chapter 1: Introduction

Chapter 1 takes the form of an overall introduction. It first sets the background of the concussion

controversy and highlights its related public health and legal issues. It then focuses more specifically on the

research question, scope of the research and need for harmonisation. It finally states the book, its

originality, significance and methodology, as well as the structure and arguments invoked.

Chapter 2: Medical Chapter

Chapter 2 provides a general medical overview of sports concussion, with a special emphasis on the

current state of medical science and the medical (treatment and management) guidelines published by

medical organisations and other related groups. Initially starting from the definition of concussion, it then examines the question of symptoms and levels of concussion, together with other related issues (such as

return to play decisions). Difficulties related to the diagnosis, treatment and prevention of concussion are

then presented. There follows a description of the second-impact syndrome and the potential long-term

effects associated with multiple instances of concussion. The chapter ends with an outline of the future key

medical-related challenges. It shows that medical science is the starting point of the actual enquiry, but

could also potentially be part of the solution. The medical (treatment and management) guidelines are vital

to the science. Both elements could inform and contribute to the development of an international

standard, such as the ISC.

Chapter 3: National Case Studies

Chapter 3 consists of national case studies, which describe and analyse the current regulation of sports

concussion. It collects, examines and analyses the data obtained from the different countries and sports

selected. The national case studies focus on selected professional team sports and countries which have a history of,

or potential for, CTE and litigation: United States (American football, ice hockey, football, baseball, water

polo); Canada (Canadian football); Australia (rugby, Australian Rules football); Switzerland (football, ice

hockey); Brazil and England (football).

Chapter 4: General Trends

Chapter 4 identifies, briefly evaluates and summarises the common themes, good practices and existing

shortcomings resulting from the data collected in chapter 3. A series of tables is compiled to assist in this

task. This chapter demonstrates that the concussion controversy (CTE cases, litigation) has recently manifested

on a large scale. It then highlights some emerging good practices as well as perceived shortcomings, and

thereby indirectly exposes the means by which the concussion issue could be better regulated worldwide

from legal and public health perspectives.

Chapter 5: Harmonised Reforms

In view of these findings, chapter 5 adopts an innovative two-step approach.

In the first section, this chapter seeks further guidance by examining the harmonised regulatory

mechanisms that have been successfully introduced in doping, match-fixing and spectator violence, all of

which involve international arrangements.This chapter argues that despite its disciplinary nature and other characteristics specific to doping, the World Anti-Doping Agency (WADA) system must address similar issues as a regulatory system for

concussion. 

Chapter 6: Conclusion

Chapter 6 concludes that a harmonised approach across sports and legal systems would be the most

compelling and effective solution to address the two-fold medical and legal risks of sports concussion.

This chapter sums up the benefits of the proposed reforms. WSSA would allow the creation, updating and

monitoring of the ISC. The ISC, implemented and enforced on a large scale, would reduce the risk of

immediate and long-term injury to professional athletes. By clarifying the requirements, it would also

lower the risk of litigation, and end the legal uncertainty that currently prevails at an international level.

O autorze

Alexandra Veuthey is a Swiss attorney, with postgraduate qualifications in common law. She has several years of experience in law firms and research institutes, specialising in sports law. 

As an attorney, she has provided legal advice to various international sports federations and athletes based in Switzerland and abroad. 

The author of numerous published works, she has spoken at international conferences (Australia, France, New Zealand, Switzerland). She has taught within the CIES/FIFA International University Network (Senegal), the CIES/FIFA Master (Switzerland), the International Institute of Human Rights (France), the Melbourne Law Masters as well as the University of New South Wales (UNSW) and Law Institute of Victoria (LIV) Programs of Continuing Legal Education (Australia).

Blurb

The risk of athletes sustaining concussion while participating in professional team sports raises two serious concerns both nationally and internationally.

First, concussion in sport carries a public health risk, given that injured athletes may have to deal with significant long-term medical complications, with some of the worst cases resulting in Chronic Traumatic Encephalopathy (CTE).

Secondly, sports governing bodies are now exposed to the risk of financial and reputational damage as a consequence of legal proceedings being filed against them. A good example of this, among many other recent examples, is the case of the United States of America’s National Football League (NFL), the governing body for American football, which, in 2015, committed to pay US$ 1 billion to settle the class action filed by its former professional players.

This book examines how to most efficiently reduce these public health and legal risks, and proposes a harmonised solution across sports and legal systems.

Alexandra Veuthey is a Swiss attorney, with postgraduate qualifications in common law. She has several years of experience in law firms and research institutes, specialising in sports law. 

As an attorney, she has provided legal advice to various international sports federations and athletes based in Switzerland and abroad. 

The author of numerous published works, she has spoken at international conferences (Australia, France, New Zealand, Switzerland). She has taught within the CIES/FIFA International University Network (Senegal), the CIES/FIFA Master (Switzerland), the International Institute of Human Rights (France), the Melbourne Law Masters as well as the University of New South Wales (UNSW) and Law Institute of Victoria (LIV) Programs of Continuing Legal Education (Australia).