The doctor at the track said he was able to ride as per the tests they perform locally, which in very few ways could possibly test the strain and stresses that a MotoGP bike would put on the body over race or even full practice…The decision would still be down to MM...he is a grown adult after all...
If MM wants to blame the doctors that up to him, but as soon as he put his leg over that bike and rode out of the garage their responsibility for his further injury was out of their hands and fully on his...
That's not how it works. You're either letting your feelings towards MM cloud your judgement or your understanding of responsibility is based on some form of mental retardation. MM is responsible for his own choices of course but if he made an uninformed decision, which comments from Puig and MM himself would seem to say, then he cannot be held responsible for a decision he didn't make without all the facts.
Did the doctor in the paddock did in fact deem him fit to ride?
Yes
Was MM was fit to ride?
The results say otherwise
Do you think the testing was enough?
Clearly the tests do nothing to prove whether someone is in a good enough condition to race motorcycles.
Could they improve the test administered to help ensure anyone who gets on a bike is in a condition to ride without unreasonable risks caused by their medical condition to themselves or others?
Obviously
Could the plate have broken during testing?
Unlikely but it possible could if the operation was of poor standard and/or the materials used were of poor standard.
Would the doctor who had MM (or any rider) perform tests that caused the kind of consequences be liable?
Quite possibly. Legality is very murky. However administering testing that they know could have harmful consequences or even being ignorant of possible consequences would likely make that person responsible.
Can surgeons, doctors, engineers etc predict with accuracy how much force a new surgery site can withstand before structural integrity is a concern?
Misfit will likely know better than me. The materials used are generally and should be designed by engineers who calculate or should calculate the forces the materials would be required to stand.
Should the doctor administering the tests to see if a rider is fit to race a motorcycle have a good understanding of a surgery that has taken place on the patient. Notes from the surgeon including the specs of all the materials used, explanation of how the surgery went, the surgeons recommendation and/or medical certificate?
I'd be genuinely shocked if that isn't required as the bare minimum.
Should a doctor who is deciding whether a rider is fit or not understand how much force it would require to weaken nuts and bolts holding an arm together?
Obviously
Did MM go against medical advice?
Possibly, but a doctor ruled him fit to race. If his surgeon told him not to but he got a second opinion from a doctor who told him it would be fine. The first surgeon may not be responsible but the doctor who allowed it certainly is.
Did a doctor declare him unfit to ride the bike?
No. Not as far as we currently know. If despite being ruled unfit to ride the bike by his surgeon/doctor but FIM allowed him to race then guess who is now responsible?
Does Marquez have years of medical training and study so that he can understand all aspects of his operation and recovery?
Nope and if he saw multiple doctors who gave conflicting advice and/or direction that also absolves his responsibility.
Does the any doctor have a duty of care towards him and his colleagues about him being on track while he is unfit?
Yes. Legal care of duty is generally pretty black and white, ignorance from someone who should be an expert in the field is not a defence. Forgetting about MM for a second, what if while braking into a corner his arm snapped again causing him/his bike to crash at almost full speed into another rider?
Did at least one doctor fail their own care of duty?
Yes, it would seem at this stage that at least one doctor did.
The next one might be the most important one, at least legally speaking.
Could the results experienced by MM have been foreseen by medically trained professionals?
Going by what misfit wrote and also the reddit that JPS (IIRC) shared then yes. That makes the doctor/s either incompetent or corrupt.
For at least these reasons the doctors involved are responsible unless Dorna/FIM has applied pressure.
Hindsight is always 20/20 but at least on the surface their appeared to be risks associated with coming back so early. Much of the talk at the time from us laymen was centred around nerves, fatigue, pain etc. Marquez believed he could withstand the pain and fatigue that would be associated with racing that weekend. Like many elite athletes MM has shown great ability to block out pain and still perform at a high-level. You won't find a sport or truly great champion that hasn't done so. You could argue that it was his ego, but the drive to compete and win is hardly the worst thing an ego has done this year in MotoGP. I have never before seen a champions will and drive to compete disparaged before. Just imagine,
'Ali was the worst, he refused to quit when he got hurt.' 'I would be a Doohan fan but he came back from that injury in 1992 because his ego wouldn't let him give up on the championship.'