A waiver letter is unlikely to provide a doctor with the necessary guarantee of protection or immunity.
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The MDU and the Premier League, on behalf of clubs, failed to agree a mutually acceptable form of waiver wording. The Premier League rejected the MDU’s proposed wording as it excluded any rights of subrogation.
MPS are silent on waiver and subrogation but would likely insist on the exclusion of any subrogation rights.
The MDU have stated they will not respond to a subrogated claim from an insurer in respect of the negligent treatment of a ‘sports person by a member.’
Premier League Clubs are unlikely to accept waiver wording offered by an MDU member as it doesn’t permit subrogation.
MDU members should not accept a waiver letter from a Premier League Club that retains the right to subrogation – the MDU will not respond.