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A group of prominent medical organizations says it’s growing concerned about what they consider to be a threat to medical care for top-level athletes: increasing liability risks for doctors as salaries for those athletes rise.
The American Orthopaedic Society for Sports Medicine (AOSSM), along with 27 co-signers, distributed an open letter recently saying that “recent and ongoing litigation may have an enormous negative impact on the medical care of competitive and elite athletes.”
The letter comes on the heels of several significant legal cases, including one where former NFL player Chris Maragos was awarded $43.5 million by a Philadelphia jury after accusing his surgeon and the group that oversaw his rehabilitation of malpractice for their decisions related to a meniscal tear. He contended in court that the case cost him at least $8.7 million in future NFL earnings, but was awarded five times that in damages.
Dr. Mark Miller, the AOSSM president, told ESPN the reason and timing for the statement is simple.
“If not now, when?” he said. “We want to raise public awareness that this issue affects the care of all people we take care of. Our ability to serve all of our patients from the playground to the professional level is at risk.”
As salaries have risen for professional athletes, and as college and even some high school athletes have secured big-money Name Image Likeness deals, the liability for future earnings has increased significantly, the group wrote. That could keep some of the nation’s top doctors and surgeons away from treating high-level athletes of all ages.
Dr. Scott Rodeo, the head team physician for the New York Giants, told ESPN potential liability concerns may impact the availability of qualified sports medicine experts for athletes.
“Recent cases may be the tip of the iceberg,” Rodeo said, “and some physicians may decide the visibility associated with caring for athletes may not be worth the liability risk anymore.”
Dr. Robin West, the lead team physician for the Washington Nationals, said she was concerned that younger doctors considering specializing in sports medicine may be deterred by the elevated risk of treating high-price athletes.
“It may lead to young physicians opting to choose a different path entirely because the liability and the risks in sports medicine aren’t worth it,” she said.
And it may not only be physicians deciding to step away from caring for elite athletes that potentially shrinks the provider pool. As risk rises, obtaining malpractice coverage through insurance companies is also more difficult.
“A prominent orthopedic surgeon who takes care of professional athletes has already indicated that his insurance will no longer allow him to take care of this population because of this very issue,” Miller said.
“Subspecialists must work together to fight the unnecessarily high legal risk of practicing sports medicine and the damage that it will do to the profession and the medical care of athletes,” the AOSSM wrote in its statement.
The group is also calling for a higher standard for expert testimony in malpractice legal cases involving injured athletes.
“It’s a level of expertise that requires additional training, additional skills and it takes a tremendous commitment,” said Miller. “In cases that do go to trial, there should be expert testimony that’s on an equal level. That didn’t happen in some of these cases.”
“A concerted effort is needed to preserve the future of the sports medicine field,” the organization wrote, “and in cases where expert testimony is required, this testimony should come from a qualified medical physician expert.”
LOS ANGELES — In the moments before Game 5 of the World Series, Trey Yesavage was under attack. Warming up in the visitors bullpen in right field at Dodger Stadium, surrounded by Los Angeles Dodgers fans on both sides, the Toronto Blue Jays’ 22-year-old right-handed rookie weathered insults of all manner and variety. At one point, Yesavage took a breath, stepped off the mound and turned to pitching coach Pete Walker.
“This is fun,” Yesavage said. “I love this.”
Of all the improbable happenings amid the Blue Jays’ run to the cusp of their first championship in more than 30 years, none rivals the emergence of Yesavage. His first game this season came in April in Jupiter, Florida, for Single-A Dunedin. There were 327 fans in the stadium. His latest, on Wednesday night, was a seven-inning, no-walk, 12-strikeout masterpiece that thrust the Blue Jays to a 6-1 victory and sent them back to Toronto one win shy of a World Series title. It was a performance that muzzled the mouthy masses in right field and the remainder of the 52,175 who saw an all-time performance from a pitcher throwing in his eighth major league game.
Against a lineup featuring three future Hall of Famers, in front of a crowd that understood the desperation Los Angeles would face with a Game 5 loss, Yesavage devastated the Dodgers over and over. They swung and missed 23 times, at his disappearing splitter and darting slider and carrying fastball. When they did make contact, it was mostly feeble; a solo home run from Kiké Hernández accounted for their lone run. Yesavage carved them like a pumpkin, appropriate considering the Blue Jays will attempt to secure their first championship since 1993 on Halloween.
In part because the kid taken with the No. 20 pick in last year’s draft went from Single-A to High-A to Double-A to Triple-A to the big leagues, where almost immediately everyone around him understood how he made such an ascent. Yesavage’s stuff is nasty, sure, but his demeanor — country boy who sees the big city as just another thing to conquer — exudes calmness and confidence without a whit of arrogance.
After Toronto’s Game 5 win, in which home runs by Davis Schneider and Vladimir Guerrero Jr. on the first and third pitches staked them to a lead they would not yield, Chris Bassitt and Shane Bieber, who together have thrown more than 2,000 major league innings and made 359 major league starts, sat next to each other in the clubhouse and simply marveled. They’ve known Yesavage for six weeks, and every outing — whether it was shutting down Tampa Bay in his debut or throwing 5⅓ no-hit innings with 11 strikeouts against the Yankees in his postseason debut — reinforces what they find most impressive about him.
“How he was able to make Game 5 of the World Series, mentally, look like any other day,” Bassitt said. “It could’ve been May. You couldn’t tell. He’s just calm, and he’s got wholehearted belief in himself.”
Said Bieber: “It would be easy to say it’s an ignorance-is-bliss thing, but I don’t think it is. It’s full conviction in himself and his game plan and his stuff. When he’s got it, he’s got it. Look in his eyes. And he had it.”
Bassitt continued.
“When he gets his splitter going, I think he realizes the other team has no chance,” he said. “Because no one has been able to figure it out. Early on, when he had the split going, it was like: strap in, because you guys are gonna be in trouble.”
Trouble doesn’t fully describe the Dodgers’ fruitlessness against Yesavage in Game 5. In Game 1, he had operated with no control of his splitter, leaving him to navigate Los Angeles’ lineup handicapped. Between his bullpen session this week and catch play Tuesday, Yesavage said he found his splitter grip and entered Wednesday with faith in it. He was awake at 8:30 a.m., called his girlfriend, ate an egg sandwich and two pieces of sausage at breakfast with his parents and brother, showered and relaxed on the outdoor patio in his hotel room with his family. He went to the stadium ready to perform.
And once there, he made history, striking out more batters than any previous rookie in a World Series start.
“I saw something on Instagram that someone took a video of me on my phone saying I was locked in,” Yesavage said, “but I was just doomscrolling on TikTok and Instagram reels. I just keep it as chill as possible. I don’t change anything I say to myself, but I’m also just here to go to work. I try not to think about anything.”
Head empty of concern, arm full of vigor, Yesavage stood atop the mound opposite two-time Cy Young winner Blake Snell and outdueled him. Yesavage felt good in the first inning. After striking out the side in the second, good evolved to great. And from there, every pitch was an attempted emasculation — fastballs up in the zone from the highest arm slot in the big leagues, and splitters and sliders in the bottom half that tease and tempt hitters into swinging even when they know they shouldn’t. Yesavage hunts strikeouts as if they’re prey, a quality that endeared him to another of the Blue Jays’ veteran starters.
“When they pulled him after 78 pitches in that Yankee start,” Max Scherzer said, “I was like, ‘Hey, would you have gone back out there and just navigated that?’ And he said, ‘No, I’m trying to strike everybody out.'”
Scherzer smiled.
“I know exactly what he’s talking about,” said Scherzer, he of 3,489 career punchouts. “You start smelling it. You start smelling, this is how I’m going to get you. I’m here to strike you out.”
Yesavage’s olfactory glands were working overdrive Wednesday. He struck out every Dodgers starter — and got their Nos. 2, 3 and 4 hitters, Will Smith, Mookie Betts and Freddie Freeman, two times apiece. Yesavage’s girlfriend, Taylor Frick, sent him photos throughout the game of her crying happy tears. Scherzer, manic as ever, celebrated a double play by yeeting sunflower seeds against the dugout wall. After a performance like that, in a moment so big, large displays of emotion are more than acceptable.
Meanwhile, Yesavage remained cucumber cool. He makes it easy to forget sometimes how new this all is. He and Bieber had been talking recently about introducing Yesavage to some high-end alcohol, to enjoy the spoils of the big leagues.
“You like tequila?” Bieber said.
“I’m 22,” Yesavage said.
Bieber chuckled.
“You were just in college, weren’t you?” he said.
He was, at East Carolina, where he had pitched in big games in front of big crowds at North Carolina and North Carolina State. But there was nothing like this. Dodgers fans are notorious for their razzing in the right-field bullpen, relentless and nasty and boundary-smashing, all part of the experience. Yesavage, who had topped their team in Game 1, received the gamut.
“If I were a Dodgers fan, I would try to rattle him, too,” Bassitt said. “Given the fact that he is 22. Given the fact that he barely has pitched on the road. Given the fact that this is the World Series. I’d be talking s—. But the reality is, I don’t think many people realize it doesn’t faze him. He’s like, just wait until I get on the mound. I’ll show you.”
He showed them all right. Over 104 pitches, each thrown with the weight of a nation on his shoulders, he manifested his pregame feelings into something bigger and better.
LOS ANGELES — Clayton Kershaw lingered on the field at Dodger Stadium, taking in the sights for the last time at the ballpark he has called home for his 18-year career.
His four children scampered about, catching balls he tossed. He shared an embrace with his wife, Ellen, who wore his No. 22 jersey and is expecting their fifth child. He kissed her forehead.
The Los Angeles Dodgers‘ 6-1 loss to the Toronto Blue Jays in Game 5 of the World Series on Wednesday night marked Kershaw’s final home game. The 37-year-old left-hander announced last month he would retire after this season.
Working out of the bullpen in the postseason, Kershaw didn’t get in the game Wednesday. The defending champion Dodgers head to Toronto for Game 6 on Friday facing elimination.
Kershaw wasn’t on the Dodgers’ roster for their National League Wild Card Series. He was added for the division series and kept on through the World Series.
The three-time Cy Young Award winner made a clutch appearance out of the bullpen in the 12th inning of Game 3, a 6-5 victory that stretched 18 tense innings.
With the score tied, the Blue Jays loaded the bases against Emmet Sheehan, who got the first two outs of the inning before Kershaw trotted to the mound to thunderous applause.
Ellen was a nervous wreck in the stands, covering her face with her hands.
Kershaw and Nathan Lukes battled each other to a full count. Lukes hit a slow roller to second base and raced to first. Tommy Edman fielded the ball and flipped it to Freddie Freeman to end the inning.
Kershaw was removed after getting that critical out. It might have been his final time on a major league mound.
In his prime from 2010 to 2015, Kershaw led the NL in ERA five times, strikeouts three times and wins twice.
He had one of the best seasons ever in 2014, when he finished 21-3 with a 1.77 ERA and 233 strikeouts to win both the Cy Young and Most Valuable Player awards in the NL.
The Dodgers replayed a video of Kershaw’s career highlights, including his 3,000th strikeout in July, on the videoboards before Game 5. Fox Sports aired a tribute during its Game 4 telecast on Tuesday with rapper-actor Ice Cube doing the narration.
In one of his last gestures, Kershaw turned toward the stands and waved, with fans capturing the moment on their phones.
LOS ANGELES — The Los Angeles Dodgers‘ bats, mostly quiet in October, were nearly silent in Game 5. If they don’t start making some noise in Game 6, their hopes for a title defense might be dashed.
The Dodgers flailed on offense for much of a 6-1 loss that put them on the brink with a 3-2 World Series deficit to the Toronto Blue Jays. After a historic 18-inning win over the Jays on Monday to grab a series lead, the Dodgers totaled only three runs in losses Tuesday and Wednesday.
Slumps are never welcome but especially not when a team is so close to a second straight World Series crown.
“We’re not really doing much as an offense, and whenever we get a chance, we don’t capitalize,” the Dodgers’ Enrique Hernandez said. “We’re going through one of those funks right now. It is just really bad timing to have those in the World Series.”
If you remove the Dodgers’ offensive outburst in a wild-card romp over the Reds, Los Angeles has hit just .224 with a .372 slugging percentage in the postseason, well down from its regular-season numbers (.253 and .441). The Dodgers are hitting .201 against the Blue Jays over five games and just .200, without an extra-base hit, with runners in scoring position.
The nadir might have been Game 5, when the Dodgers were dominated by rookie Trey Yesavage for seven innings and managed four hits and one walk while striking out 15 times. They had only one at-bat with a runner in scoring position.
“It’s been hard for us the last two days,” Dodgers first baseman Freddie Freeman said. “But we’ve been in this situation before.”
It was an overall lackluster performance for the defending champs in a pivotal game. The defense failed to convert a couple of key double-play opportunities early. The Blue Jays ambushed starter Blake Snell from the outset, homering twice in Snell’s first three pitches and becoming the first team to start a World Series game with back-to-back blasts. The Dodgers set a World Series record by uncorking four wild pitches, two from Snell and one each from relievers Edgardo Henriquez and Anthony Banda.
In other words, it’s not the kind of response you’d expect from a team that won the title a year ago and entered the series against Toronto 9-1 in the postseason.
“Everyone’s got to do their job,” Dodgers manager Dave Roberts said. “We’re at elimination, and we’ve got to kind of wipe the slate clean and find a way to win Game 6. Pick up the pieces and see where we’re at.”
The Blue Jays have mostly dominated the stars of the L.A. lineup, save for Shohei Ohtani‘s big Game 3, when he homered twice and reached base nine times over the marathon contest. That continued Wednesday despite Roberts’ reshuffled lineup: The first four hitters — Ohtani, Will Smith, Mookie Betts and Freeman — went a combined 1-for-15 with eight strikeouts.
With the Blue Jays averaging nearly six runs a game in the series, something has to change, even with Yoshinobu Yamamoto going for L.A. in Game 6 on Friday in Toronto. Of course, the veteran Dodgers have seen it all and remain nowhere near panic mode. But they know they can’t put it all on Yamamoto’s shoulders.
“Yoshi is going to show up, he’s going to take that mound, and he’s going to do his thing,” Hernandez said. “It’s just we need to do a little better job putting together runs. Man, it seems like whenever we get traffic on, we found a way to get ourselves out of the traffic.”
One thought: do what the Blue Jays are doing.
“It doesn’t feel great,” Roberts said. “You clearly see those guys finding ways to get hits, move the baseball forward. We’re not doing a good job of it.”
Last season, the Dodgers trailed the Padres 2-1 in the best-of-five division series and rallied to win en route to a World Series victory, something Freeman alluded to as a recent of example of the Dodgers meeting the challenge facing them now. But to win two, first you have to win one.
“There’s a fight in there,” Roberts said. “We’ve won two games in a row [before]. But again, it just comes down to one game. We have been in a lot of elimination games, and we found a way to get to the other side.”