Jack Eichel's Playoff Run Proves He Was Right: What His Surgery Battle Teaches Patients About Medical Rights

Vegas Golden Knights NHL hockey players on ice during Winter Classic game

Photo : Jenn G / Wikimedia

5 min read May 13, 2026

Jack Eichel is in the middle of another deep playoff run with the Vegas Golden Knights, notching 12 assists in 10 games during the 2026 postseason as Vegas battles the Anaheim Ducks in the second round. What few casual fans realize is that Eichel's presence on this stage — at full health, performing at an elite level — is itself a medical story. Five years ago, he fought his employer for the right to choose his own surgery. Today, that decision looks prescient. And the legal and medical questions his case raised apply to millions of ordinary patients every year.

The Surgery Battle That Changed Eichel's Career

In 2021, Jack Eichel was diagnosed with a herniated disc in his neck while playing for the Buffalo Sabres. He wanted an artificial disc replacement (ADR) — a procedure that had been performed successfully in Europe and Asia but had limited adoption in North American sports medicine at the time. The Sabres, citing concerns about the procedure's novelty and their own team medical staff's recommendation, refused to authorize it, preferring a traditional fusion surgery instead.

The standoff lasted nearly a year. Eichel could not play. He could not pursue his preferred treatment. He was, in effect, an employee whose employer was making decisions about his own body on his behalf — and blocking his ability to get a second medical opinion honored.

He was eventually traded to the Vegas Golden Knights, who authorized the ADR surgery. He recovered fully, was named an NHL All-Star, and has been one of the most productive centers in the league since. The artificial disc replacement he fought for is now FDA-approved for use in NHL players and has been performed on several others across professional sports.

What Are Your Rights When an Employer Overrules Your Doctor?

The Eichel situation — an employer's medical staff blocking a patient's preferred treatment — is not unique to professional sports. Millions of Americans with employer-sponsored health insurance face versions of this conflict every year: a procedure recommended by their own physician is denied, delayed, or conditioned on exhausting alternatives first.

Under U.S. law, the rights of patients in these situations are governed by a patchwork of statutes and regulations, detailed at HHS Healthcare Rights:

The right to an internal appeal: Under the Affordable Care Act, all health plans — employer-sponsored, individual market, and exchange plans — are required to maintain an internal appeals process. If your insurance company denies a claim or a pre-authorization request for a procedure, you have the right to submit a written appeal. Plans must respond within 30 to 60 days for non-urgent cases, and within 72 hours for urgent care appeals.

The right to an external review: If your internal appeal is denied, you have the right to an independent external review — conducted by an impartial third-party organization not affiliated with your insurer. External reviewers can overturn insurance denials, and their decisions are binding on the insurer. In 2024, roughly one in three external reviews resulted in the insurer's decision being overturned in favor of the patient.

The right to a second medical opinion: Most employer-sponsored health plans cover the cost of a second medical opinion, though patients often do not know to request one. A second opinion from a specialist in the relevant field can strengthen an internal appeal, particularly if the plan denied coverage on clinical grounds.

When an Employer's Medical Team Controls the Diagnosis

Jack Eichel's situation involved an unusual power dynamic: the Sabres employed their own medical staff, whose judgment carried contractual weight. For professional athletes, the team physician is technically the employer's doctor — not the player's. This creates an inherent tension that the NHLPA's collective bargaining agreement partially addresses through provisions allowing players to seek independent medical evaluations.

For ordinary employees, an analogous tension arises in workers' compensation cases. When you are injured on the job, many states require you to see an employer-designated physician first. The employer's doctor controls your initial diagnosis, your treatment plan, and your return-to-work assessment. Workers who disagree with that assessment have the right to request an independent medical examination (IME) in most states — but they must actively exercise it.

Workers covered by employer-sponsored disability insurance face similar dynamics: the insurer may require periodic independent medical evaluations (IMEs), and their findings can override the opinion of your own treating physician when determining continued disability benefits.

The Second Opinion: Practical Steps

If you are facing a denied medical procedure or a treatment disagreement with an insurance carrier, there are concrete steps to take before the appeal deadline closes:

  1. Request your Explanation of Benefits (EOB) in writing: The denial must state the clinical or administrative reason. Vague language ("not medically necessary" without supporting criteria) is grounds for appeal.

  2. Obtain the clinical guidelines used: Plans are legally required to provide the specific criteria behind the denial. If your specialist can show your case meets those criteria, the appeal is significantly stronger.

  3. Find a specialist for the second opinion: A second opinion from a surgeon who performs the specific procedure carries more weight than a general practitioner's view. In Eichel's case, ADR specialists who had performed the surgery in Europe for decades would have been the relevant authority.

  4. Know your ERISA rights: If your plan is employer-sponsored, it is governed by the Employee Retirement Income Security Act (ERISA). ERISA requires plan administrators to act in the "best interest" of participants — a standard that, if violated in a denial, may give rise to a federal claim.

When to Consult a Health or Benefits Lawyer

Not every insurance denial warrants legal action, but some situations clearly do:

  • The denied procedure is your specialist's first-line recommendation, supported by peer-reviewed evidence
  • The internal appeal deadline is approaching and you need help preparing a strong submission
  • Your employer's workers' comp physician has recommended treatment your own doctor says is inadequate
  • You suspect the denial is driven by cost, not clinical criteria — and you have documentation suggesting as much

For additional context on how employer injury disclosures intersect with workers' rights, see our article on NHL injury disclosure and employee privacy rights.

The Bigger Picture

Jack Eichel's 12 assists in the 2026 playoffs are a sporting achievement. But the quieter story is the precedent his case helped establish: that professional athletes — like all patients — have the right to pursue the best available treatment, even when their employer disagrees.

The gap between what that principle looks like in collective bargaining agreements and what it looks like in everyday health insurance is significant. Most patients do not have union representation, a trade clause, or a multi-million dollar contract creating leverage in a treatment dispute. They have the law — and access to a lawyer who knows how to use it.

If a physician you trust has recommended a procedure and your insurer or employer's medical team is blocking it, understanding your rights is not optional. It is urgent. Appeal deadlines are real, and missing them can permanently waive your right to contest the denial.

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