Expert Witness Journal Issue 65 February 2026 - Flipbook - Page 49
Ex-footballer’s medmal claim
con昀椀rms the value of
contemporaneous records
by Stuart Keyden & Simon Perkins, Partners at DAC Beachcroft
His claim related to an injury he sustained in April
2013 whilst playing for Wolves against Birmingham
City in the Championship, following Wolves’
relegation from the Premier League. During
a collision the claimant sustained a left 昀椀bular
fracture.
Overview
In this article we look at the recent decision of the
High Court in the elite athlete med-mal claim of
Ebanks-Blake v. Calder [2025] EWHC 3327 (KB) which
rea昀케rmed the signi昀椀cance of the contemporaneous
medical records and the weight that will likely be
placed on them in medmal cases.
This was not the 昀椀rst injury that the claimant had
sustained to his left leg; he had su昀昀ered a previous
昀椀bula fracture and ligament damage in 2005 whilst
playing for the Manchester United Academy.
What was the case about?
The claimant, retired professional footballer,
Sylvan Ebanks-Blake, had a distinguished football
career at the highest level. He came through the
renowned Manchester United academy and played
for Wolverhampton Wanderers in the Premier
League, having signed for Wolves for £1.5 million
from Plymouth Argyle in 2008. He also represented
England at Under-21 level.
EXPERT WITNESS JOURNAL
The defendant, an experienced orthopaedic
surgeon specialising in trauma surgery involving
elite athletes, saw the claimant following his April
2013 injury and recommended open reduction and
internal 昀椀xation of the fractured 昀椀bula. Importantly,
the defendant also recommended an additional
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FEBRUARY 2026
