Chargers Team Doctor accidentally punctured Tyrod’s lung; Herbert to start week 3

[Bangarang]

What a crazy story. Hope Tyrod recovers and can continue playing this year.

[Michael1962]

People usually recover from a pneumothorax assuming he is not a smoker. Fractured ribs are a different animal depending on whether they are aggravated by breathing (most people like to breathe) plus the obvious repeated hits to the injured area are probably why their prognosis is so grim.  Maybe they could wrap him up in bubble wrap.

[TBBills]

2 hours ago, YoloinOhio said:

 

Everything worked out and a real QB played the game on Sunday.

[Buffalo716]

1 hour ago, Kirby Jackson said:

It’s not naive at all. I work in insurance and watch work comp and malpractice all day long. Any lawyer worth $.10 will be able to talk through this. He was supposed to be starting a game for a NFL almost immediately after this. This isn’t one of those “are you sure you want to go through with this” situations. Was the doctor working on behalf of the player or the team? If they can link this to him losing his job and his future earnings because of that they are screwed. This one is pretty simple from that standpoint. It’s just a matter of where the number ends up.

I don't think you could make this into a thing of tyrod losing his job and future earnings

 

There are risks to procedures, and I'm sure tyrod agreed to take the shot. He definitely didn't have to, if he said he was in too much pain to play he didn't have to. He definitely accepted to take the shot and the risks

 

And his future also is not necessarily in doubt. He could easily still sign a backup deal next year. if he never plays again because of the punctured lung maybe he has a avenue

 

But he definitely accepted to take it. I can't see him being forced in today's nfl

 

 

Edited September 23, 2020 by Buffalo716

[Teddy KGB]

We all knew he was scared to take shots years ago.  

[FlaFitz1]

 

[Ridgewaycynic2013]

50 minutes ago, LeGOATski said:

Lol

 

Assistant: "We're doing the left eye today, doctor."

 

Doctor: "My left or his left?"

 

[boater]

Ooof ... to attempt to play with cracked ribs is hard core on Tyrod's part.

 

I once merely had bruised ribs, I found it just painful to breathe.

[Call_Of_Ktulu]

So basically the Chargers Team Dr is as good as Taylor is at QB.

[Kirby Jackson]

31 minutes ago, Buffalo716 said:

I don't think you could make this into a thing of tyrod losing his job and future earnings

 

There are risks to procedures, and I'm sure tyrod agreed to take the shot. He definitely didn't have to, if he said he was in too much pain to play he didn't have to. He definitely accepted to take the shot and the risks

 

And his future also is not necessarily in doubt. He could easily still sign a backup deal next year. if he never plays again because of the punctured lung maybe he has a avenue

 

But he definitely accepted to take it. I can't see him being forced in today's nfl

 

 

Any lawyer worth his salt will make that argument and it is pretty easy. Common sense says Herbert was drafted to replace him but the NFLPA will argue that’s this is what caused him to be replaced. That’s just the way that these claims work. His attorneys will say that the malpractice caused him to lose his job. With him not having a chance to play it has damaged his potential for a next contract. It will end up with a big settlement.
 

I see this kind of stuff every single day and with less of a case. The biggest difference is the doctor is employed by his employer. The case can be made that this wasn’t a decision made by Tyrod but by his employer. Waivers are worth the paper that they are written on. This will be a big settlement no doubt. 

[Call_Of_Ktulu]

2 hours ago, mykidsdad said:

This is why surgeons have to pay 50k plus a year in medical malpractice insurance. 

Believe me they don’t pay for it. It’s kinda like on your gas Bill you pay 3 to 5 dollars for other people stealing gas “ It’s probably more like 20 to 25 in Boston”. 

[FireChans]

2 hours ago, Kirby Jackson said:

The good news for Tyrod is he’s about to be quite rich (not that he wasn’t already). It’s going to be interesting to watch this situation unfold from a liability and work comp standpoint. 

No. Tyrod likely consented to the medical procedure and accepted the risks of injection up to and including.

[YoloinOhio]

 

[FireChans]

6 minutes ago, Call_Of_Ktulu said:

Believe me they don’t pay for it. It’s kinda like on your gas Bill you pay 3 to 5 dollars for other people stealing gas “ It’s probably more like 20 to 25 in Boston”. 

Untrue. Research how much a surgery costs and how much of that actually goes to the surgeon. 

[Teddy KGB]

8 minutes ago, Kirby Jackson said:

Any lawyer worth his salt will make that argument and it is pretty easy. Common sense says Herbert was drafted to replace him but the NFLPA will argue that’s this is what caused him to be replaced. That’s just the way that these claims work. His attorneys will say that the malpractice caused him to lose his job. With him not having a chance to play it has damaged his potential for a next contract. It will end up with a big settlement.
 

I see this kind of stuff every single day and with less of a case. The biggest difference is the doctor is employed by his employer. The case can be made that this wasn’t a decision made by Tyrod but by his employer. Waivers are worth the paper that they are written on. This will be a big settlement no doubt. 

He already stole a boatload or money from the bills.    He’s good.  

[BarleyNY]

38 minutes ago, Buffalo716 said:

I don't think you could make this into a thing of tyrod losing his job and future earnings

 

There are risks to procedures, and I'm sure tyrod agreed to take the shot. He definitely didn't have to, if he said he was in too much pain to play he didn't have to. He definitely accepted to take the shot and the risks

 

And his future also is not necessarily in doubt. He could easily still sign a backup deal next year. if he never plays again because of the punctured lung maybe he has a avenue

 

But he definitely accepted to take it. I can't see him being forced in today's nfl

 

 

Many players in the NFL go to extreme lengths to stay on the field due to the fear of another player stepping in and making them expendable.  I‘m pretty certain that Tyrod wanted to play and I wouldn’t be surprised if additionally he felt pressure to stay on the field so he could prove that he is a viable QB for some team next season. 
 

As it stands I don’t see much reason for a lawsuit.  He’ll be paid in full this season regardless of whether or not he plays again and this doesn’t seem like it will impact his health into next year.  This is his 9th season so it’d be incredibly difficult to convince a jury that he was going to do much this season that was a lot better than what he’s done so far.  Pain and suffering?  That’s probably a long shot and it would not likely be worth pursuing as any lawsuit would likely impact his future employment opportunities in the NFL and with its close partners.  There’s just not much upside to suing unless he’s going to retire anyway and if he has no interest in the media side of the NFL. 

[FireChans]

9 minutes ago, Kirby Jackson said:

Any lawyer worth his salt will make that argument and it is pretty easy. Common sense says Herbert was drafted to replace him but the NFLPA will argue that’s this is what caused him to be replaced. That’s just the way that these claims work. His attorneys will say that the malpractice caused him to lose his job. With him not having a chance to play it has damaged his potential for a next contract. It will end up with a big settlement.
 

I see this kind of stuff every single day and with less of a case. The biggest difference is the doctor is employed by his employer. The case can be made that this wasn’t a decision made by Tyrod but by his employer. Waivers are worth the paper that they are written on. This will be a big settlement no doubt. 

I’m not sure how the case can be made it was a decision by the employer and not Tyrod himself.

 

You are likely right that they will settle because the PA will never not pick a fight but the settlement will not be that extravagant. At least, not in comparison to TT’s salary already. 

[LABILLBACKER]

All I know is Tyrod better get a good lawyer because if his career ends and Herbert takes over, someone's getting sued bigtime. 

[Call_Of_Ktulu]

26 minutes ago, Call_Of_Ktulu said:

Believe me they don’t pay for it. It’s kinda like on your gas Bill you pay 3 to 5 dollars for other people stealing gas “ It’s probably more like 20 to 25 in Boston”. 

My buddy on our bowling team is a Proctologist, I’ll ask him when we bowl this Thursday and get back to you.

[Augie]

4 hours ago, YoloinOhio said:

 

 

I’m glad he mentioned that it was “accidental” to clear that up.....but how can he really be so sure??? 

 

 

 

 

.

Edited September 23, 2020 by Augie

[Mr. WEO]

4 hours ago, Sherlock Holmes said:

I'll have his license for Brunch please... wonder if this is one of @Mr. WEO's close pals??

Maybe the hired back the notorious Dr.Chao...

[Kirby Jackson]

 

44 minutes ago, FireChans said:

No. Tyrod likely consented to the medical procedure and accepted the risks of injection up to and including.

That doesn’t matter if he consented to it or not. He can EASILY say that he was pressured into agreeing. That’s totally irrelevant in this case. He will be getting PAID.

43 minutes ago, Teddy KGB said:

He already stole a boatload or money from the bills.    He’s good.  

Lol, you are going to be so mad when he gets paid another big chunk. 

[Kelly the Dog]

1 minute ago, Mr. WEO said:

Maybe the hired back the notorious Dr.Chao...

Don’t know if you saw this but he apparently called this a couple days ago. 

[aristocrat]

2 minutes ago, Kirby Jackson said:

 

I think that’s David chao who used to be their doc. 

[Kirby Jackson]

7 minutes ago, aristocrat said:

I think that’s David chao who used to be their doc. 

I guess that I read that wrong 😬.  Either way, the Chargers suck at hiring doctors 😂😂

[Augie]

13 minutes ago, Kirby Jackson said:

 

That doesn’t matter if he consented to it or not. He can EASILY say that he was pressured into agreeing. That’s totally irrelevant in this case. He will be getting PAID.

Lol, you are going to be so mad when he gets paid another big chunk. 

 

How on earth is this guy an NFL team doctor.........outside of Cleveland? 

[Kirby Jackson]

Just now, Augie said:

 

How on earth is this guy an NFL team doctor.........outside of Cleveland? 

I guess that was the guy before this one. I read that wrong. 

[Augie]

Just now, Kirby Jackson said:

I guess that was the guy before this one. I read that wrong. 

 

Ahh, well they sure can pick ‘em, can’t they??? 

[Mr. WEO]

11 minutes ago, Kirby Jackson said:

 

That doesn’t matter if he consented to it or not. He can EASILY say that he was pressured into agreeing. That’s totally irrelevant in this case. He will be getting PAID.

Lol, you are going to be so mad when he gets paid another big chunk. 

Patients who suffer complications of procedures and then sue always challenge the consent they signed.  Unless the consent form is woefully incomplete and not standard and the circumstances under which it was signed involved s patient signed include them not being mentally competent to sign, these challenges are usually pointless. 

 

if he didn’t sign one then that’s another issue.  But if the doc documents a proper consenting conversation at the time, he should be ok.   

5 minutes ago, Kirby Jackson said:

I guess that I read that wrong 😬.  Either way, the Chargers suck at hiring doctors 😂😂

Chao is horrible 

[Kirby Jackson]

Just now, Mr. WEO said:

Patients who suffer complications of procedures and then sue always challenge the consent they signed.  Unless the consent form is woefully incomplete and not standard and the circumstances under which it was signed involved s patient signed include them not being mentally competent to sign, these challenges are usually pointless. 

 

if he didn’t sign one then that’s another issue.  But if the doc documents a proper consenting conversation at the time, he should be ok.   

This situation is different though. He can easily argue that the Chargers pressured him into signing it. When I go to the doctor I have a choice of the doctor and what I want done. He was directed to the team doctor and certainly had a “choice” but the doctor is paid by the team. These elements are all in play in addition to the general malpractice. There’s no chance that this just gets filed under “we all make mistakes.” It will end up as a substantial settlement and a new team doctor. 

[chaccof]

4 hours ago, YoloinOhio said:

 

"Hold still, Tyrod, you're so muscular I really need to push hard on this baby....."

[Matt_In_NH]

Now that is bad luck....he wont start again unless Herbert gets injured.

[RyanC883]

15 minutes ago, Kirby Jackson said:

This situation is different though. He can easily argue that the Chargers pressured him into signing it. When I go to the doctor I have a choice of the doctor and what I want done. He was directed to the team doctor and certainly had a “choice” but the doctor is paid by the team. These elements are all in play in addition to the general malpractice. There’s no chance that this just gets filed under “we all make mistakes.” It will end up as a substantial settlement and a new team doctor. 

 

if your arguing that he was legally coerced into signing it, that will be difficult to prove.   That said, he will get paid because it's likely you can't waive away rights you haven't yet acquired (why many "waivers" are unenforceable).  It's why doctors have insurance.  Although, he's not going to make a ton here (by med mal standards), really just pain and suffering. Lost wages are unlikely, unless he can prove he is missing out on a performance bonus or game bonus.  

12 minutes ago, mattynh said:

Now that is bad luck....he wont start again unless Herbert gets injured.

 

the way Herbert was playing, why did Lynn have him on the bench!   Also, Lynn said that TT is still the starter, which is bonkers.

[John from Riverside]

This seems like a first....I have never heard of this happening before

[Kirby Jackson]

9 minutes ago, RyanC883 said:

 

if your arguing that he was legally coerced into signing it, that will be difficult to prove.   That said, he will get paid because it's likely you can't waive away rights you haven't yet acquired (why many "waivers" are unenforceable).  It's why doctors have insurance.  Although, he's not going to make a ton here (by med mal standards), really just pain and suffering. Lost wages are unlikely, unless he can prove he is missing out on a performance bonus or game bonus.  

 

the way Herbert was playing, why did Lynn have him on the bench!   Also, Lynn said that TT is still the starter, which is bonkers.

This situation is different than typical medial malpractice because the patient didn’t pick the doctor.

 

The settlement will get big if Tyrod’s team can prove that his future earnings are negatively impacted because he ends up not playing. I would imagine that the Chargers guarantee all of his potential bonuses this year. If Herbert doesn’t look back (which looks to be the case) Taylor’s people could argue that his future was negatively impacted because of it. Again, it is all with a settlement in mind. 

[Call_Of_Ktulu]

They just said on the radio from NFL players on twitter that getting the pain shots is a risk that the players assume. 

[djp14150]

Is zhebert connected to this doctor???  Is he on his fantasy team?

 

seriously....not this way, but in my life I have gotten perforated lung twice.  Each time in ICU I think st buff general.

 

 Areas where you have cartAlidge like in between your ribs and your throat feel like popping like air bubbles in packaging material.

[XXI~PsychedelicBillsfan~]

medical mistakes happen, which I'm sure the docs intent was not to do harm but man, what a drag for taylor.

 

he likely loses his starting position to the kid but he'll still collect a nice paycheck and be there just in case.

 

 

Edited September 23, 2020 by XXI~PsychedelicBillsfan~

[Ethan in Cleveland]

I’m a physician. There is a difference between malpractice and a known complication. The physician can do everything correctly and a complication can still occur. Of course he/she could have also committed malpractice by not ensuring he was in the correct area or not paying attention to what he/she is doing.  The consent does not absolve the physician of liability especially if they commit an error. Explaining potential complications to a patient is part of informed consent.  It does not waive a patient’s rights.

We mark the surgical site before surgery to ensure the correct site is used when laterality is an issue. We have right and left knees, breasts, feet, eyes, lungs. It’s imperative to double check xrays and check with the patient before surgery. Many errors can occur solely relying on the physician order or notes where right and left can be mistakenly entered into the record. You can not tell the difference between a right and left knee on X-ray or MRI unless it is properly labeled.

[FireChans]

1 hour ago, Kirby Jackson said:

This situation is different though. He can easily argue that the Chargers pressured him into signing it. When I go to the doctor I have a choice of the doctor and what I want done. He was directed to the team doctor and certainly had a “choice” but the doctor is paid by the team. These elements are all in play in addition to the general malpractice. There’s no chance that this just gets filed under “we all make mistakes.” It will end up as a substantial settlement and a new team doctor. 

You can easily argue the sky is green.

 

Thats still not how it works.