Previously, AT had evaluated a case in which the plaintiff is a minor athlete who lost consciousness during hockey practice and had clinical death. The emergency medical team provided emergency assistance to the young man by restoring the heart rhythm, while later after long-term treatment, the claimant was implanted with an EKS defibrillator, then contraindicated physical efforts, and later was awarded second group disability for life.
The plaintiff filed a lawsuit against the hockey coach, the sports club and the State of Latvia in the person of the Ministry of Justice for moral damage compensation in the amount of 711,435 euros due to the damage and disfigurement caused to health. The plaintiff stated that he has trained in hockey for several years and has been well received both locally and internationally. In spite of the need to reduce the physical load recommended to the plaintiff due to the changes detected in the electrocardiogram already 11 years ago, training sessions with heavy physical load took place regularly twice a day.
To support a claim for damages arising from an unauthorized act and negligence, the claim alleges that the sports club and its trainer caused harm to the plaintiff’s health by using a training program that was inappropriate for the plaintiff’s health condition, but that VM is responsible for the sports doctor’s actions because she did not notify the parents and to the coach that the claimant’s health condition does not allow him to participate in training and that the training load should be reduced.
As a result, AT decided that VM, the coach and the sports club will have to pay 40,000 euros in compensation for moral damage.
The Ministry of the Interior stated that the ministry, as a state institution, must respect any valid court ruling. Namely, at the moment, with the aforementioned decision of the action session on the refusal to initiate cassation proceedings, the judgment of the Riga Regional Court of February 24 has entered into force, which the Ministry of Justice must implement, without questioning the arguments and considerations stated therein.
Taking into account that the decision of the action session of the Administrative Court, which refused to initiate cassation proceedings in the case, was announced two days ago, the Ministry of Justice will fully evaluate it and decide on which parts the compensation will be paid. For this reason, the Ministry of Justice cannot comment further on this at this time.
Speaking about the need to introduce some conceptual improvements in the regulation of children’s sports in order to prevent such cases, the Ministry of Justice noted that legal proceedings were initiated on October 17, 2012 for the events that took place in 2002. Accordingly, during these 20 years, the legal framework has already changed significantly in the country. In addition, the Ministry of Justice does not believe that the judgment will create a precedent, as the legal framework has become more organized over the past 20 years.
In addition, the ministry informed that from 2013 there is a regulation that provides the right to claim compensation for damage caused by receiving health care services within the scope of the Medical Risk Fund. At the same time, the Ministry of Justice emphasized that even before this judgment, everyone had the right to apply to the court under civil law with a claim for compensation for the damage caused.
The Ministry of Health informed that after the reorganization of the sports medicine center, which was a subordinate institution of the Ministry of Health, the sports medicine center of the Children’s Clinical University Hospital (BKUS) provides health care and medical supervision of athletes and children with increased physical exertion. BKUS periodically provides information on test results, inappropriate training loads and other indicators. Their purpose is to identify changes in the state of health as early as possible and provide recommendations, including to a sports school or coach.
On the other hand, the procedure for health care and medical supervision of athletes and children with increased physical exertion is determined by the regulations of the Cabinet of Ministers, developed in accordance with the Law on Sports. Tests are performed depending on the type of sport, the age of the child and other conditions.
