Ex-Latics ’keeper drops damages bid

Alex Cisak: damages bid failed

FORMER Oldham Athletic goalkeeper Alex Cisak has dropped a six-figure damages claim against the surgeon who operated on him.

Cisak was a 19-year-old Leicester City youth prospect when he suffered an injury to his right wrist during a warm-up in 2009. He claimed a surgeon’s negligence left him training effectively one-handed.

The Krakow-born, Australia-raised player went on to join Oldham Athletic from Accrington Stanley in July 2011, and became the club’s first choice.

But he missed the final eight games through injury and was in and out of the side the following season before leaving for Burnley this summer.

At the High Court, Cisak (24) claimed damages from the surgeon, alleging shoddy treatment caused continuing problems and left him still struggling, four years after the injury.

Blaming Leicester Hospital surgeon Bhaskar Bhowal, he said he can make only a couple of saves in training before the pain in his wrist causes him to start letting balls past him.

But after two days of evidence from the surgeon, Mr Cisak and medical expert, Roger Helm, the Australia youth international yesterday dropped his case, which was described as “hopeless” by a senior judge.

Mr Cisak’s central allegation had been that the surgeon was wrong to tell him he could go back to contact sport in May, 2009, when the fracture was only 80 per cent healed.

Evidence before the court suggested this was in line with a study performed by respected experts.

Mr Justice Phillips said: “In my judgment, this allegation was hopeless from the start and should not have been brought.”

Earlier this week Mr Cisak said he could train normally until Burnley’s strikers start firing shots at him and the pain sets in: “If I get pain in my wrist, I start leaving balls, which obviously isn’t very good for a goalkeeper,” he told the High Court.

“I’m taking painkillers. I’m training at 75 per cent of what I should be at. It has affected me.

“It has also affected me mentally, because I am pulling out of shots. It is harming my development because I can’t fully train. I think that’s had an effect on my career.”

The surgeon’s barrister, John Whitting QC, said Mr Cisak’s case was always doomed to fail.

“The court had the opportunity to see Mr Bhowal and evaluate him as a surgeon and an individual,” he said. “He was obviously an honest, conscientious surgeon, doing his best for his patients.

“He has had the shadow of allegations of professional negligence hanging over him for just under two years now.”

The judge ordered the player to pay thesurgeon’s “considerable” costs and said he should have dropped the action earlier.