And a Second Opinion for All... And Anything Else? The Jack Eichel Saga and Issues of Medical Autonomy

Authors

• Seth Warshaw, Benjamin N. Cardozo School of Law

Abstract

The note examines the legal and bioethical implications of the Jack Eichel Saga, focusing on the dispute between Eichel and the Buffalo Sabres regarding medical treatment under the NHL Collective Bargaining Agreement (CBA). It argues that the current CBA's "due consideration" standard for team physicians fails to adequately protect players' medical autonomy and informed consent rights. The analysis concludes that the Sabres would likely prevail in arbitration due to the narrow interpretation of the CBA's provisions, but the dispute highlights the need for reforms to align the CBA with ethical medical standards and enhance player autonomy.

Disciplines

Contracts | Entertainment, Arts, and Sports Law | Evidence | Law | Law Enforcement and Corrections

Recommended Citation

Seth Warshaw, And a Second Opinion for All... And Anything Else? The Jack Eichel Saga and Issues of Medical Autonomy, 41 Cardozo Arts & Ent. L.J. 383 (2023).
Available at: https://larc.cardozo.yu.edu/cardozoaelj/vol41/iss2/8