2 min read • December 30, 2022
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The prevalence of head injuries and their potential long-term consequences is a never-ending debate in the NFL and society at large. In numerous scenarios, it may lead to forced retirement, early-on dementia, and Alzheimer's. However, the question does remain, ‘should the NFL be held responsible for concussions?’
Whether the NFL should be held responsible for concussions is complex and contingent on specific circumstances. Concussions are a risk the players are aware of before participating in contact sports. However, the league can be faulted if they fail to take adequate steps to protect player health and safety.
Although the league has implemented policies and instituted preventive measures to minimize concussions, there is still a measure of skepticism concerning the policies, medical treatment, and all-encompassing strategy employed by the NFL.
Although NFL athletes are informed about the potential injuries involved in football, there are grounds for why we should hold the league accountable. One argument in favor of its liability is the league's historically associated denial of the connection between football and concussions and its persistent suppression of medical evidence of concussion consequences.
An example is the handling of concussions during the early 2000s. The league allegedly didn’t prioritize player safety and created the MTBI (Mild Traumatic Brain Injury) program to minimize reported concussions and divert attention from the problem.
This suspicion of negligence is also supported by the NFL’s historical background of being slow to implement safety measures and stricter rules around tackling and using helmets to reduce the risk of concussions. The NFL’s irresponsible handling was potentially harmful to players as most played through concussions and suffered long-term effects.
We can also argue that the NFL is not liable for sustained concussions and other brain injuries because football is an inherently dangerous sport, and players are aware of the risks involved when they choose to play. As a result, the athletes are knowledgeable professionals and anticipate potential collisions.
Aside from being conditioned for the game, the NFL has since 2011 created the ‘Concussion Protocol’, which entails detailed medical evaluation if a player sustains a concussion. The protocol, however, reportedly has many flaws, requiring constant changes and periodic adjustments.
The benefits and perks of the job – use of proper protective gear and access to top-quality medical care – received by the players could also appear as just recompense for the dangers encountered on the field. Some might contend that this level of monetary compensation should make players responsible for their health.
Once an NFL player receives a helmet-to-helmet impact, the NFL concussion protocol is activated based on two circumstances:
The player exhibits or reports symptoms or suggestive signs of a concussion or stinger (a nerve pinch injury)
The team Athletic Trainer, booth ATC spotter, team Physician, NFL game official, teammate, sideline Unaffiliated Neurotrauma Consultant (UNC), or booth UNC initiates the protocol.
Upon activating the concussion protocol, the player is removed from the game or stabilized on the field to undergo further medical and concussion assessment typically outlined in the Concussion Gameday Checklist.
Factors like the player's history of concussions, a pupillary examination, and video analysis are considered at this stage. The player will undergo additional testing in the locker room to check for any neurological symptoms if the checklist reveals any indications of a concussion.
There is no timeframe for players in concussion protocol to return to play in the NFL. This is primarily because players' extent or severity of sustained concussions varies. As a result, we must consider several variables, including the player's history of concussions and other medical information.
Typically, players in the concussion protocol cannot return to play until they are administered and pass the return-to-participation protocol. This protocol consists of a five-step procedure:
Phase One: Symptom Limited Activity (when the player is still feeling the effect of the concussion and is prescribed rest and no activities)
Phase Two: Aerobic Exercise (the initiation of soft exercises)
Phase Three: Football-Specific Exercise
Phase Four: Club-Based Non-Contact Training Drills
Phase Five: Full Football Activity/Clearance
It’s crucial to note that athletes returning to full involvement must first receive approval from the INC (Independent Neurological Commission) and the team's physician before the return-to-participation protocol is implemented.
Concussions and brain injuries differ in NFL player-patients based on the severity or level of impact. Proportionately, symptoms tend to differ as some reveal themselves early on, and others may appear subtle.
Also, there is a good chance of dismissing some symptoms early on with players withholding their concussion signs from team management to avoid being sidelined. Some of the physical and emotional symptoms of concussions include:
Loss of consciousness
Anxiety
Imbalance
Impaired Vision
Fatigue
Nervousness
Slurred Speech
Seizures or convulsions
Vomiting and Nausea
Memory loss
Change in hearing.
Yes, concussions are a significant concern in the NFL and have only become an even bigger issue in recent years.
Studies have shown that football players, particularly those at the professional level, are at a higher risk of sustaining a concussion due to the nature of the sport and its high-impact collisions on the pitch.
According to data from the NCAA, football has the highest rate of concussions among college sports, with a concussion rate of about 8.5 per 10,000 athletic exposures (AEs).
The nature of the game and the numerous high-impact injuries that take place make football, at both the professional and amateur levels, a high-risk sport for concussions.
Ultimately, the question of whether the NFL is liable for sustained concussions and other brain injuries is a complex one that will depend on a variety of factors, including the organization's awareness of the risks involved, its efforts to protect its players, and the inherent dangers of the sport itself.
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