The NCAA’s adoption of Name, Image, and Likeness (NIL) rights has transformed college athletics—and introduced new challenges for sports medicine physicians.
As student-athletes monetize their personal brands, the financial stakes of medical malpractice claims have surged, prompting physicians to reconsider their liability exposure and insurance coverage.
The rising tide of risk
With NIL deals, student-athletes can now earn substantial income through endorsements and sponsorships. This shift means that any injury or misdiagnosis could result in lawsuits that include lost NIL income as part of the damages. A report from CRC Group highlights how this change significantly increases the potential liability for physicians treating these athletes.
The case of former NFL player Chris Maragos, who won a $43.5 million malpractice suit, illustrates the financial magnitude of such claims. Maragos alleged that premature rehabilitation led to the end of his career and substantial lost earnings.
Healthcare meets the NIL marketplace
Medical providers are increasingly entering the NIL space themselves. Clinics and practices are signing student-athletes to promotional deals, creating dual relationships that raise ethical and legal concerns. According to CCHA Law, these arrangements can complicate the standard of care and introduce conflicts of interest.
University legal teams and risk managers are now navigating a complex landscape where a misstep could lead to both reputational damage and costly litigation.
A shrinking pool of providers?
The growing liability risks are already affecting the field. The American Orthopaedic Society for Sports Medicine (AOSSM), along with 27 other medical organizations, issued a warning that rising malpractice exposure could deter physicians from treating elite athletes. Some insurers have begun restricting coverage for doctors working with high-profile athletes.
Dr. Robin West, lead team physician for the Washington Nationals, expressed concern that younger doctors may avoid sports medicine entirely due to the legal risks.
The call for enhanced coverage
Physicians in sports medicine must reassess their malpractice insurance. Standard policies may not cover the expanded scope of potential damages, especially when NIL earnings are involved. Experts recommend exploring excess liability coverage and working with brokers who understand the nuances of the NIL era.
What can you do?
The NIL revolution has empowered student-athletes—but it has also introduced unprecedented challenges for the physicians who care for them. As the legal and financial landscape evolves, sports medicine professionals must stay proactive, informed, and well-insured. The cost of inaction could be measured not just in dollars, but in careers. Contact OneGroup’s Healthcare team today for more information.
Sources
CRC Group. NIL Rules Increase Malpractice Risk for Sports Doctors. crcgroup.com
CCHA Law. When the Worlds of Name, Image, Likeness and Healthcare Collide. cchalaw.com
AP News. College Sports and Medical Liability. apnews.com
ESPN. Medical Groups Alarmed by Rising Liability Costs. espn.com
Marquette Sports Law Review. NIL and Sports Medicine Liability. scholarship.law.marquette.edu PubMed.
NIL and Sports Medicine Liability. pubmed.ncbi.nlm.nih.gov
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