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#Post#: 154523--------------------------------------------------
Re: Rugby’s brain concussion lawsuit could face collapse
DIR By: Camquin
Date: May 20, 2026, 7:58 am
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But you have to consider Montgomery v Lanarkshire Health Board
(2015) which overturned the Sidaway ruling - and rejected the
Bolam test.
Though I suspect that most of the injuries predate that case.
I am not a lawyer.
#Post#: 154528--------------------------------------------------
Re: Rugby’s brain concussion lawsuit could face collaps
DIR By: Rugbycat
Date: May 20, 2026, 9:05 am
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--- Quote from: Camquin link ---
>
> But you have to consider Montgomery v Lanarkshire Health Board
(2015) which overturned the Sidaway ruling - and rejected the
Bolam test.
>
> Though I suspect that most of the injuries predate that case.
>
> I am not a lawyer.
>
--- End Quote ---
True most of Sidaway, stills stands, just the amount of detail
that a medical professional should provide on any inherent risk
that a particular treatment may incur has increased, medical
consent if properly provided is one of the few areas that a
total defence will be presented by the defendant.
Risky sports, the defence has been used in personal injury
claims successfully where one participant claims against another
participant, and has been acting within the rules of the game,
mainly football.
But has never been employed in a claim like the head injuries
one, having some many claimants over and extended period of
time, makes it extremely complex, and legal precedent is that
detailed medical records need to be submitted to the court, for
each claimant.
Not a lawyer either, just having to explain in a former life,
that some ideas were not a particularly good ideas, community
hand grenade juggling for children, may be something that could
go wrong and be costly, and then having to obtain legal advice
and having to read it.
#Post#: 154540--------------------------------------------------
Re: Rugby’s brain concussion lawsuit could face collapse
DIR By: Rocker
Date: May 20, 2026, 4:27 pm
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Also persistent heavy consumption of alcohol can cause many of
the same issues as brain trauma. Just saying.
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