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Background material by Professor Omar Hasan Kasule Sr. for Year 2 Semester 1 PPSD session on 08-10-08
Background
Ahmad bin Hj Irshad since his earliest memory could do tricks with his shoulder to the amazement of his friends. He could displace his shoulder at will and return it to its original position with ease. His parents were never bothered about this. As he grew older this became more difficult and he experienced pain at every dislocation. When he entered school, the teachers noticed his condition and advised the parents to seek medical help. The parents refused and the teachers did not pursue the matter further.
When Ahmad reached youth he developed interest in football and frequently had shoulder dislocations that required hospital visits. The surgeons advised surgery but he refused arguing that he had had the condition since childhood and saw no reason for undergoing risky anesthesia and surgery. The team manager told him that he would not be allowed to play unless he underwent surgery. Ahmad was very angry when dropped from the national team that was going to play in Singapore. When his complaints to the sports authorities were not heard, he decided to go to court to force them to allow him to play. The executive committee of the football club held an emergency meeting and decided to let him play. The decision was based on two considerations: (a) Ahmad was a good player whose absence would make a difference. (b) a court fight would be expensive and time-wasting. The committee then instructed the team physician to write a medical report certifying that Ahmad was fit to play. They also asked Ahmad to sign a statement that he was playing at his own risk.
Ahmad was very happy to be allowed to play. Five minutes into the play he developed a severely painful shoulder dislocation that required hospital admission for relocation. He also agreed to undergo surgical correction. He was however not allowed to return to the team and he once again threatened a court suit.
Discussion issues:
· List at least 2 ethico-legal issue arising in this case