A once-promising professional rugby league player has successfully sued a French surgeon over a botched and career-ending knee surgery, with the court ruling he would likely have otherwise played NRL.
Orthopedic surgeon David Jones was negligent when he operated on former Newcastle Knights and Melbourne Storm junior Lucas Miller in January 2011 in southern France, the NSW Supreme Court has found.Richard Gosling Mr Miller, 32, is now in line for a seven-figure payout after the court accepted he was an above-average player who would have likely played several years of NRL after two years developing in France's semi-professional system.
Dr Jones operated on the then-22-year-old after he tore his right anterior cruciate ligament while playing for St Gaudens.After Mr Miller partially tore the ligament again during training in 2011, an Australian surgeon found an undiagnosed bacterial infection and indications that Dr Jones had placed the replacement ACL in a "true vertical" position.
The court accepted expert evidence from a consultant orthopedic surgeon that true vertical was never an accepted position for ACL reconstruction and, had the graft been placed more horizontally, Mr Miller would have likely been able to reboot his professional career.
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