Ebanks-Blake claims surgeon prematurely ended career

The footballer is on the pitch in a Wolves kit and has both arms outstretched. He has short hair and a beard. Image source, Getty Images
Image caption,

Sylvan Ebanks-Blake broke his left leg during a match against Birmingham City in April 2013

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A former footballer's career came to a "premature end" due to an unnecessary procedure by a leading surgeon, the High Court has heard in a case brought by the ex-player against the medic.

Sylvan Ebanks-Blake underwent surgery after breaking his left leg while playing for Wolves against Birmingham City in April 2013.

He is claiming that action by the medic during an operation to repair the injury "gave rise to inflammation", and sped up the development of osteoarthritis in his ankle.

The surgeon, Prof James Calder, denies the allegations and will argue, the court heard, "his clinical skills prolonged" the player's career.

In written submissions, Simeon Maskrey KC, representing Ebanks-Blake, told the court on Wednesday: "The onset of symptoms and the development and acceleration of osteoarthritis brought the claimant's footballing career to a premature end."

Mr Maskrey said the 39-year-old had suffered a previous ankle injury and, although this resulted in some "stiffness", he had learned to adapt and it caused him no pain.

Following the 2013 fracture, a procedure followed which Mr Maskrey said "carried with it the significant risk that it would render the ankle symptomatic".

Ebanks-Blake maintains the surgeon failed to properly tell him of associated risks - something Prof Calder denies, stating there was a lack of time for the footballer to weigh up his options.

Mr Maskrey said that had his client been told that "wait and see" was a reasonable option, which ran the risk of the ankle becoming symptomatic and needing later intervention, "he would have taken that risk".

He said it was for the court to decide whether his client "was provided with sufficient information to provide informed consent".

'Made positive comments'

During the operation, Prof Calder's treatment included cleaning out the joint and removing some cartilage, the court heard.

Martin Forde KC, representing the surgeon, said in written submissions: "It is arguable that if Professor Calder had done anything other than what he did do, he would have been negligent for not dealing with the loose fragments and unstable cartilage."

He continued: "The defendant's position is that through his judgment and skill he prolonged the claimant's career."

Mr Forde also told the court that Ebanks-Blake's witness statement is the earliest indication of his "dissatisfaction", and had previously made positive comments about his recovery.

The court heard that after the surgery, Ebanks-Blake continued playing football for a number of years, retiring in 2019.

The case before Mrs Justice Lambert is due to conclude on 22 July.

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