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Hypothetical blame.

Joker's Wild

Coach
Messages
17,894
If a Manly player hits him in a good solid tackle that happens to affect his cheek (accidental impact with shoulder, hitting the ground, etc.) and Manly win then I can see Manly's presence in the GF being tarnished, which would be a shame really. It's not their fault he's playing when he shouldn't be.
Bullshit

Manly play no part in this. If anything, the Broncos will be the ones who will be made to look stupid for playing him injured in such a critical game
 
Messages
11,409
Lockyer is the only person you can really blame if something happens to him. He knows what can possibly go wrong and if he decides to risk it anyway and it does happen to him, that's his fault. Its not like the players are gonna go easy on him, not at this time of the year.
 

Loudstrat

Coach
Messages
15,224
Geez it's a gay looking website. Thaiday looks like he's picking out his favorite teddy bear.

Anyway, wihout a medical clearance, he legally cannot play. The Doctor said he would normally give it 6 weeks, but it's his decision. And if Heather gets further injury, the doctor is liable by not declaring him unfit.

If this was any other player in the NRL, or any other club, he'd be ruled unfit an that would be the end of it.

The NRL should step in and seek a clearance or an unfit ruling.
 

woodyk2

First Grade
Messages
7,032
Geez it's a gay looking website. Thaiday looks like he's picking out his favorite teddy bear.

Anyway, wihout a medical clearance, he legally cannot play. The Doctor said he would normally give it 6 weeks, but it's his decision. And if Heather gets further injury, the doctor is liable by not declaring him unfit.

If this was any other player in the NRL, or any other club, he'd be ruled unfit an that would be the end of it.

The NRL should step in and seek a clearance or an unfit ruling.
Good call right there.
 

some11

Referee
Messages
23,611
"Blame this guy!"

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AlwaysGreen

Immortal
Messages
49,188
If he goes against medical advice he only has himself to blame if he gets injured. If I was the surgeon I'd be getting him to sign an against medical advice form.

It's an interesting issue though. When Johns played with the punctured lung he was at very real risk of severe complications and death. Likewise, John Sattler.

If this did occur are the NRL liable?
If he never played again could he have sued the NRL for loss of earnings? Does the NRL have legal coverage to ensure that they are covered in a case where the player goes aginst medical advice?

Any legal eagles got some answers?
 

MARSHALL ZHUKOV

Juniors
Messages
889
Just a hypothetical question for discussion and debate regarding Darren Lockyer. If he plays against Manly and gets smashed....even head highed...then can take no further part in the game or heaven(or whoever) forbid he loses his eyesight through one eye as many medical specialists have warned against...then who gets the blame? The Manly player? His courage?Broncos medical staff? The NRL for allowing him to play? His very possible stupidety for letting 100kg plus blokes belt him? Who?
Dont get me wrong this isnt an anti broncos thread in any way shape or form and is only hypothetical but who would most likely get the blame ?

They should make him sign a waiver eliminating any blame on them for his own stupidity in playing if he loses his eye sight- its just a game of football not trying to defend berlin from the massive soviet red army led marvellously by myself and marshall koniev under the directions of comrade general secretary stalin.- Lockyer sounds german to me
 
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woodyk2

First Grade
Messages
7,032
They should make him sign a waiver eliminating any blame on them for his own stupidity in playing if he loses his eye sight- its just a game of football not trying to defend berlin from the massive soviet red army
true Marshall...after all its just a game of footy in the grand scheme of things.
 

ceagle

Bench
Messages
4,853
Truely, If I was Locky, I wouldn't play. I'd like to remember my last game being the hero at my home ground then remember my last being a liability to my teammates and have to go off after 30 minutes.
 

woodyk2

First Grade
Messages
7,032
Its a bloody hard question to answer! I dunno...i have my own views...and then i question them. Maybe i'm mad.
 

user_nat

Coach
Messages
12,392
If has been made aware of the all the risks and it truly is up to him, he will have no one to blame but himself.

Unless of course someone punches him in the face or something, that probably isn't his fault.
 

thorson1987

Coach
Messages
16,907
If has been made aware of the all the risks and it truly is up to him, he will have no one to blame but himself.

Unless of course someone punches him in the face or something, that probably isn't his fault.

If he starts the fight the blame will be back on him.........
 

blaza88z

Coach
Messages
15,138
Last year Henjak denied Lockyer the opportunity to play and the media stirred it right up, you guys think Griffin would do the same thing?

You guys need to remember he played 15 minutes last week with a fractured cheek or whatever it was without the plates in his face, sure it looks ugly right now but he must be confident with his body if he trained today and will drive down to Sydney which is a 12 hour drive.

The field goal he took last week wasn't a Soward kick where he's 10 metres behind the play the ball, I think the only thing that will stop him is if he gets hit with a straight right hand fist in the wounded area, this is Darren Lockyer we're talking about, i've never seen him stay down, even when he did his ACL he got up and played on..

He will play against all medical wishes, let the gods decide how it pans out for him.
 

Loudstrat

Coach
Messages
15,224
Bush lawyer here.
If he goes against medical advice he only has himself to blame if he gets injured. If I was the surgeon I'd be getting him to sign an against medical advice form.
As it is an injury - as I see it, this is how it goes.
1) There has to be an assessment, followed by a diagnosis.
2) From that diagnosis, a treatment plan is set in place. The plan covers the treatment and recovery period, and activities that are allowed or not allowed during that time. The treating doctor has a legal right, and obligation, to authorise the prevention of activity that will jeapoardise the recovery process. It is not enforceable by law, but will rule any compensation null and void, and exposes anyone who contravened that authority to liability.

In other words, Doc makes an assessment, and a judgement on wether he can or cannot do stuff. He cannot say "Normally you would have to ly flat on your back for 3 months, but since you are Arthur Neddy Smith you can go and play golf tomorrow if you want".

It's an interesting issue though. When Johns played with the punctured lung he was at very real risk of severe complications and death. Likewise, John Sattler.
Joey got a medical clearance. It was the manly doctor, Nathan Gibbs, who made all the fuss. As for Sattler, there was no risk of complications, except him losing teeth, but that was normal with Souffs anyway.

If this did occur are the NRL liable?
No. They act on medical advice.
If he never played again could he have sued the NRL for loss of earnings?
Given that he is retiring and at worst he will miss one game, no.
Does the NRL have legal coverage to ensure that they are covered in a case where the player goes aginst medical advice?
No such coverage exists. But they are not liable for someone being a d*ckhead and ignoring their doctor.

If The Doctor says he can play, when we is unfit, the doctor is liable

If the doctor says he cannot play, and he lies to the club and said that he can, he is liable

If the doctor says he cannot play, but the club in any way co-erces him into making the decision to play, the club is liable.
 
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