Professional Aussie cricket player seeks $1 million in medical negligence damages

Date: Aug 21, 2013

Nathan Bracken, a former Australian fast bowler whose career ended because of an injury, is now looking for compensation from the league he once played in.

Mr Bracken has stated that he hopes he can settle the matter before taking it to court, but will pursue compensation in any way possible.

The trouble started before a game back in 2007, when Mr Bracken suffered a knee injury that took him out of the game for good. Since then, he has been back and forth with medical negligence lawyers, league administrators and medical officials to determine the best course of action.

Currently, Mr Bracken says he hopes to have "private discussions" to resolve the issues.

The case recently emerged in the Australian Supreme Court after the league, Cricket Australia, allegedly barred Mr Bracken's team of lawyers from accessing emails, contract details and other information. The league said these details would only be given up if a confidentiality agreement was signed between the parties.

This setback prompted Mr Bracken to look at settling the dispute outside the courtroom.

The league's alleged mishaps

The complaint states that Cricket Australia did not provide the necessary medical attention Mr Bracken needed when his knee was injured. The compensation he is demanding includes lost wages, potential earnings in foreign tournaments and money that would have come from sponsors.

"It is disappointing that this argument has arisen in the course of my claim," Bracken said in an official statement.

"I would have much preferred to be able to resolve this argument and indeed my claim through private discussions. Hopefully that remains possible.''

In addition to the league, Mr Bracken stated physicians Trefor James and Simon Carter were partially responsible for his career-ending condition. Physiotherapist Alex Kountouris was also named as a defendant in the case.

According to the complaint, the medical professionals failed to suggest arthroscopic surgery to Mr Bracken, instead sending him to an outside specialist. This alleged mistake, he says, was the sole reason he ended his career early.

However, the doctors contend that Mr Bracken did not divulge all the information they would have needed to make a proper diagnosis. They claim that his decision to play in several games after the injury, after agreeing he was in good shape, is a clear example they are not at fault.

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