Formerly “amateur” athletes are earning substantial amounts of money, which has led to providers being concerned with liability if something goes wrong. The recent changes to NCAA practices now allowing NIL deals create the possibility of more malpractice lawsuits against team physicians and other medical providers.[1]
It is now common for high-profile college athletes to enter into six-figure contracts.[2] For example, USC Trojans Guard JuJu Watkins has NIL deals with Gatorade and Nike.[3] It was estimated that Watkins earned over $700k in 2025.[4] In March of 2025, Watkins tore her ACL during the game against Mississippi State.[5] In December of 2025, Watkins began light workouts and is “able to pick up the ball a bit more.”[6] While Watkins has made significant improvements since her ACL tear, this raises concerns of liability if she returns to play too early, or if she does not return to her pre-injury performance level.
Team physicians carry liability insurance, and the most common limits for malpractice are $1 million per incident and $3 million total in one year.[7] However, if a medical error ends an athlete’s career, the damages could exceed these limits.[8] For example, former Philadelphia Eagles Captain Chris Maragos suffered a meniscus tear in his knee, and sued sports medicine surgeon Dr. James Bradley and the Rehabilitation Institute Rothman Orthopaedics Association (ROA).[9] The jury found them negligent, and awarded Maragos $43.5 million dollars.[10]
Because of the potential of liability, practices could step away from treating athletes. This would create significant issues in collegiate athletics. The relationship between the athlete and the medical team may suffer from the pressure each individual is under. There could also be a decrease in provider availability for athletes. No malpractice lawsuits seeking lost future earnings at the college level have been reported, but Dr. James Borchers, the Big Ten Chief Medical Officer, stated that it is a matter of time before this happens.[11]
[1] Eric Olson, Team physicians in college sports wary of greater liability risk with athletes now making big money, Yahoo Sports (June 24, 2025) https://sports.yahoo.com/article/team-physicians-college-sports-wary-195933243.html?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_referrer_sig=AQAAAFZn3sLksgKOG140r_5PZHLfwr2pVGXsVeKhsTlB1n_96_UHNE8OfbyyDj6rOOjzreURR7V7fAY9l2sxxP7H9-iMweyUz0zJlY10j2iq0Ne8g6QMSEycYurvQO071SKh_2mRtfWeetGiJdPmJoocOIqrbJ4WvFc07ealvCwXxNQE.
[2] Id.
[3] Pete Nakos, Top 10 On3 NIL Valuations in Women’s NIL 100, On3 (Feb. 11, 2025) https://www.on3.com/nil/news/top-10-on3-nil-valuations-in-womens-nil-100/.
[4] Id.
[5] Paolo Uggetti, JuJu Watkins tears ACL, sources say, ending USC star’s season, ESPN (Mar. 24, 2025) https://www.espn.com/womens-college-basketball/story/_/id/44393492/usc-trojans-star-juju-watkins-carried-injury-vs-mississippi-state-women-ncaa-tournament.
[6] Kendra Andrews, JuJu Watkins ‘maximizing’ ACL rehab, begins light workouts, ESPN (Dec. 12, 2025) https://www.espn.com/womens-college-basketball/story/_/id/47287976/juju-watkins-maximizing-acl-rehab-begins-light-workouts.
[7] Olson, supra note 1.
[8] Id.
[9] Andrew G. Simpson, Former NFL Player’s $43.5 Million Score in Medical Malpractice Case Upheld, Insurance Journal (Sep. 6, 2024) https://www.insurancejournal.com/news/east/2024/09/06/791543.htm.
[10] Id.
[11] Olson, supra note 1.
Featured Image: Ian McMahan, Athletes Are Paying the Physical Price of Playing College Sports, Sports Illustrated (Oct. 31, 2017) https://www.si.com/edge/2017/10/31/former-college-athletes-chronic-injuries-health-issues.
Ann Marie E. Marseglia is a third-year law student at the University at Buffalo School of Law. She is pursuing a concentration in sports law and has an interest in Title IX matters. Ann Marie is a Student Attorney for the Sports Law Clinic, focusing on issues among girls and women in sports. She is also a Submissions Editor for the Buffalo Environmental Law Journal, Vice President for the Italian-American Law Students Association, and a Member of the Phi Alpha Delta Alden Chapter.
There is a relatively easy way to solve some of these issues. If the former student-athletes are made employees of their schools they could be covered by workers’ compensation laws. Also the if the team doctors are also employees of the Sam school and lawsuit against them could be dismissed as co-employees can not sue each other over negligence.
One of the leading cases in New York is Martin v. Cassagrande, 159 AD 2d 26 (1990).