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Tygod suing the doctor who hastened Herbert’s ascension


FireChans

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1 minute ago, Mr. WEO said:

Tyrod should have had someone read him the procedure consent....

Agreed but those consents a decent lawyer could drive a truck thru.. just saying... I work in the med field and have talked to a few lawyers regarding them... however docs are covered by insurance which likely will settle... more about taking a shot across the bow of the doc publicly so others are warned...  

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He's on his 5th team in 6 seasons. The Giants just handed him over 8 million (minimum). There must have been at least 4 other doctors that have ended his career "as a starting QB". lol

 

Defense expert will testify to the obvious:  subsequent chest xrays showed resolution of pneumothorax and he could have played at that point.

 

Charger official will testify to the obvious: even knowing that TT was ready to play, he was replaced by an an infinitely better QB. 

 

Anyone with internet access will testify to the obvious: TT lost his starting to a job to a rookie after injury Week 3 Cleveland and again, due to injury, to  rookie in Houston week 2.  He has never entered free agency as a starting QB.

 

good luck !

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12 minutes ago, North Buffalo said:

Agreed but those consents a decent lawyer could drive a truck thru.. just saying... I work in the med field and have talked to a few lawyers regarding them... however docs are covered by insurance which likely will settle... more about taking a shot across the bow of the doc publicly so others are warned...  

 

 

just sayin...not necessarily true.  Plaintiff would have to prove he didn't sign the consent, he wasn't competent to sing, he was coerced to sign or he didn't understand the plain language of the consent.   If there was no consent and he just walked over and did a thoracic block, then there is a case.

 

Insurers don't like to settle cases like this.  Pneumothorax is a well known complication of this procedure.  TT would make an extremely unsympathetic witness in the jury box ($65 million and counting earned).  Plus, as I described above, he can't make an persuasive argument that his career as a free agent starter ever existed, let alone was harmed.

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14 minutes ago, Mr. WEO said:

 

just sayin...not necessarily true.  Plaintiff would have to prove he didn't sign the consent, he wasn't competent to sing, he was coerced to sign or he didn't understand the plain language of the consent.   If there was no consent and he just walked over and did a thoracic block, then there is a case.

 

Insurers don't like to settle cases like this.  Pneumothorax is a well known complication of this procedure.  TT would make an extremely unsympathetic witness in the jury box ($65 million and counting earned).  Plus, as I described above, he can't make an persuasive argument that his career as a free agent starter ever existed, let alone was harmed.

$5M in lost wages would still be well within the backup QB range though. So he would not have to claim it cost him a starting QB contract, only a better contract as a back up. Also I am in commercial insurance and insurance companies almost always settle cases like this one. Last I saw only 7% of malpractice cases reached a jury verdict. Jury awards can be ridiculous so insurance companies avoid them in almost every instance. As long as TT’s lawyer has a reasonable expectation of what this suit is really worth, there will be a settlement. 

Edited by BarleyNY
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Most malpractice insurance policies cap at $1mm per incident.  Maybe he has a higher limit due to the work he does with professional athletes. The max on the malpractice insurance is usually the max that will be settled for in a lawsuit.  Lawyers want the easy money, the insurance money.  Any verdict over that amount and they have to go after the doctor's personal assets and they almost never do that, it costs too much and takes too long. 

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17 minutes ago, FireChans said:

This was really my bay signal to the unholy triumvirate to tear this apart.

 

Was not disappointed.

 

?

 

5 minutes ago, BarleyNY said:

$5M in lost wages would still be well within the backup QB range though. So he would not have to claim it cost him a starting QB contract, only a better contract as a back up. Also I am in commercial insurance and insurance companies almost always settle cases like this one. Last I saw only 7% of malpractice cases reached a jury verdict. Jury awards can be ridiculous so insurance companies avoid them in almost every instance. As long as TT’s lawyer has a reasonable expectation of what this suit is really worth, there will be a settlement. 

 

He would have to prove that he would have kept Herbert, the offensive rookie of the year in 2020, off the bench. 

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8 minutes ago, BarleyNY said:

$5M in lost wages would still be well within the backup QB range though. So he would not have to claim it cost him a starting QB contract, only a better contract as a back up. Also I am in commercial insurance and insurance companies almost always settle cases like this one. Last I saw only 7% of malpractice cases reached a jury verdict. Jury awards can be ridiculous so insurance companies avoid them in almost every instance. As long as TT’s lawyer has a reasonable expectation of what this suit is really worth, there will be a settlement. 

 

He is claiming it--in fact it is the basis of his lawsuit (explicitly they are describing this as the "loss" he suffered):  

 

"As he returned to free agency," the lawsuit contends, "he entered as a back-up quarterback as opposed to a starting quarterback. The economic difference between a starting quarterback's salary and a back-up quarterback salary is at least $5,000,000 and is more than likely much greater. The exact amount of such past and future loss is unknown to [Taylor] at this time, and he will ask leave of this Court for permission to amend this Complaint to set forth the total amount when ascertained."

 

Since he lost no wages in 2020 (he was paid 5 million whether he started the whole season or not),he is suing for the money he would have made as a "starter entering Free Agency".. This is also a dumb claim because as a free agent, the Giants had the option to make him their starter.  They didn't.   Prior to that, he lost his stating job in Houston--twice in one year--to a mediocre QB.  He cannot prove in court that he would have been signed as a starter anywhere, as the evidence proves he could not.  So his claim is baseless. 

 

Insurers will be inclined to settle if there is obvious egregiously bad care or deviation form standard practice and/or catastrophic outcome--a clearly indefensible case.

 

The lawyers are attacking the consent--as I said, it there was none then this gets settled on that alone (but for nowhere close to what he is seeking, because those damages don't exist).  If there was a consent then I bet this gets defended for the reasons above.

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20 minutes ago, Doc said:

 

He would have to prove that he would have kept Herbert, the offensive rookie of the year in 2020, off the bench. 
 

 

TT was starting the game the day it happened and it certainly appeared that the plan was for him to start moving forward. For how long would likely have depended on his performance. How successful he’d have been is certainly debatable, but I don’t think there is any debate that it cost him his chance.

 

That doesn’t necessarily mean that his lawyers would clear the other legal hurdles and he’d win a judgement, but I think the insurance companies would prefer to settle if the number makes sense. Unless the insurance carrier lawyers think they have the most iron clad case they’d much rather come to something like a $2M settlement than take their chances with a jury decision.

 

As for the doctor’s insurance, he’s a team doctor working with athletes making tens of millions of dollars a year. No way he’s not carrying a huge amount of coverage. Hell, it would be a requirement of the team before a doc got near their players. 

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5 minutes ago, Kirby Jackson said:

He should!! This is basically what medical malpractice is. It is textbook. This is a pretty easy, and well-deserved, check.

Legitimately not.
 

But unfortunately I’m not sure a jury wouldn’t feel the same as you.

Edited by FireChans
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11 minutes ago, Kirby Jackson said:

He should!! This is basically what medical malpractice is. It is textbook. This is a pretty easy, and well-deserved, check.

 

It wasn't malpractice: it was a known complication of the procedure. 

 

7 minutes ago, BarleyNY said:

TT was starting the game the day it happened and it certainly appeared that the plan was for him to start moving forward. For how long would likely have depended on his performance. How successful he’d have been is certainly debatable, but I don’t think there is any debate that it cost him his chance.

 

That doesn’t necessarily mean that his lawyers would clear the other legal hurdles and he’d win a judgement, but I think the insurance companies would prefer to settle if the number makes sense. Unless the insurance carrier lawyers think they have the most iron clad case they’d much rather come to something like a $2M settlement than take their chances with a jury decision.

 

As for the doctor’s insurance, he’s a team doctor working with athletes making tens of millions of dollars a year. No way he’s not carrying a huge amount of coverage. Hell, it would be a requirement of the team before a doc got near their players. 

 

The team will say that their plan was for him to start off as the starter, but not necessarily remain the starter.   And again the fact that Herbert was voted offensive rookie of the year reveals that he didn't lose his starting job to some schlub.  Meanwhile he'd lost 2 other starting jobs previously.

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30 minutes ago, Kirby Jackson said:

He should!! This is basically what medical malpractice is. It is textbook. This is a pretty easy, and well-deserved, check.

 

Explain how this is "textbook"....

10 minutes ago, Pasaluki said:

I mean the doctor punctured his lung I'm shocked he didn't sue earlier.

 

he did.  last year

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28 minutes ago, BarleyNY said:

 

TT was starting the game the day it happened and it certainly appeared that the plan was for him to start moving forward. For how long would likely have depended on his performance. How successful he’d have been is certainly debatable, but I don’t think there is any debate that it cost him his chance.

 

That doesn’t necessarily mean that his lawyers would clear the other legal hurdles and he’d win a judgement, but I think the insurance companies would prefer to settle if the number makes sense. Unless the insurance carrier lawyers think they have the most iron clad case they’d much rather come to something like a $2M settlement than take their chances with a jury decision.

 

As for the doctor’s insurance, he’s a team doctor working with athletes making tens of millions of dollars a year. No way he’s not carrying a huge amount of coverage. Hell, it would be a requirement of the team before a doc got near their players. 

 

everything about his career after Buffalo ends this debate.  He has routinely been replaced by rookies---this happened before the Chargers and after.

1 minute ago, Big Turk said:

He is 100% in the right here...Chargers will likely settle

 

are they being sued?

 

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1 hour ago, Mr. WEO said:

He's on his 5th team in 6 seasons. The Giants just handed him over 8 million (minimum). There must have been at least 4 other doctors that have ended his career "as a starting QB". lol

 

Defense expert will testify to the obvious:  subsequent chest xrays showed resolution of pneumothorax and he could have played at that point.

 

Charger official will testify to the obvious: even knowing that TT was ready to play, he was replaced by an an infinitely better QB. 

 

Anyone with internet access will testify to the obvious: TT lost his starting to a job to a rookie after injury Week 3 Cleveland and again, due to injury, to  rookie in Houston week 2.  He has never entered free agency as a starting QB.

 

good luck !


 

in repairing a rib injury should not have punctured a lung.  This was a doctor mistake and Tyrol has a right to sue over.

 

i had perforated lungs before.  This was an unnecessary complication.  It’s why DRs have malpractice insurance.

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Just now, djp14150 said:


 

in repairing a rib injury should not have punctured a lung.  This was a doctor mistake and Tyrol has a right to sue over.

 

i had perforated lungs before.  This was an unnecessary complication.  It’s why DRs have malpractice insurance.

 

 

He wasn't repairing an injury.  As far I can tell it was a nerve block.  Tyrod could have simply refused and played without it. 

 

When you perforated lungs before, did you tell your patients it was an unnecessary complication and simply settled all your  lawsuits?

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14 minutes ago, Mr. WEO said:

 

everything about his career after Buffalo ends this debate.  He has routinely been replaced by rookies---this happened before the Chargers and after.

 

are they being sued?

 

Chargers can’t be sued on this.

 

he’s justified to sue. Getting $5M…Thats nuts.  Hebert being drafted where he was ….he was going to play that  season.  That was a certainty unless Tyrol took them to some 1st place record into December….which was unlikely.

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2 minutes ago, Mr. WEO said:

 

 

He wasn't repairing an injury.  As far I can tell it was a nerve block.  Tyrod could have simply refused and played without it. 

 

When you perforated lungs before, did you tell your patients it was an unnecessary complication and simply settled all your  lawsuits?

So you think a valid defense is that TT had the option to decline the procedure?  I promise you that it’s not. 

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2 minutes ago, Mr. WEO said:

 

 

He wasn't repairing an injury.  As far I can tell it was a nerve block.  Tyrod could have simply refused and played without it. 

 

When you perforated lungs before, did you tell your patients it was an unnecessary complication and simply settled all your  lawsuits?


 

im not a doctor. I had 2 superstructure times when I had perforated lungs in my 20s.

 

i had to go into the ICU each time for monitoring reasons.  
 

recovery was not a problem. It was not a long term season ender..but more of 2 game.

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Just now, djp14150 said:


 

im not a doctor. I had 2 superstructure times when I had perforated lungs in my 20s.

 

i had to go into the ICU each time for monitoring reasons.  
 

recovery was not a problem. It was not a long term season ender..but more of 2 game.

 

do you feel that all or any known complications should be sued over?  

3 minutes ago, BarleyNY said:

So you think a valid defense is that TT had the option to decline the procedure?  I promise you that it’s not. 

 

Of course it is.  It was an elective procedure, not an emergency.

 

  Unless TT can prove he was forced to have a procedure he did not agree to and did not consent to, then what is his case? How is it that you are able to "promise" us that you know the circumstances of him having this procedure?

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4 minutes ago, Mr. WEO said:

 

do you feel that all or any known complications should be sued over?  



mine occurred due to asthma from getting a bad chest cold.  Chest cold coughing induced a constant asthma attack that stressed the lungs.

 

the signature of this is feeling small size bubble wrap in cartalidge areas of the neck and ribs.

 

i feel he has a case on the lung.  But not $5M.  For a regular person this is something where medical costs are covered and the patient might get paid under $10K.

 

i wonder if he is using the same sleaze lawyer…..

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