Politely, I'll say "rubbish", with respect to failed duty of care. A fracture heals, and he would not be cleared to play on a whim. Injuries can recur - that happens. The neurosurgeon (most likely) involved would be the least likely to clear someone unless they were completely satisfied, and I highly doubt any other medico, coach or otherwise would go against that advice and allow McCabe to play.If the allegation is true and that is a big IF, whoever responsible has breached a duty of care surely. Not just any injury, we are talking about a mans neck and the consequences could be very severe.
This is more a matter of due diligence than hindsight.