Breaking News: Doctor that cleared Tua in concussion protocol is fired...

[GunnerBill]

9 minutes ago, Mr. WEO said:

 

 I meant the bargained for condition is that either/both the NFL and the NFLPA can terminate the neurologist without cause.  The neurologist accepts the job with that understanding and signs with that knowledge his contract with the NFL.   All of these guys are just doing this as a side gig to their actual practice.  They probably get a per diem.

 

Yea I understood what you were saying. I was just making the point that it is odd to a British person because in the UK once someone has two years service even with contractor status you cannot terminate their contract early without just cause and can't collectively bargain or otherwise contractually agree a way around that legal protection. 

[MAJBobby]

Time for the league to stop dicking around. 
 

MANDATE

Mouth Pieces

the Shell 

 

for all players EVERY GAME. 

[Mr. WEO]

44 minutes ago, GunnerBill said:

 

Yea I understood what you were saying. I was just making the point that it is odd to a British person because in the UK once someone has two years service even with contractor status you cannot terminate their contract early without just cause and can't collectively bargain or otherwise contractually agree a way around that legal protection. 

 

Even if the contract the doctor signs with the team specifically states that his/her services may be terminated at the discretion of the entity that is contracting for their services? Such a contract would not be legally binding in the UK?

 

The collective bargaining in this case doesn't involved the doctor for hire.

[Motorin']

3 hours ago, Rochesterfan said:

 

 

This is crazy at this point - the guy has not even been shown to have done anything wrong within the protocol.  The NFLPA fired him as is their right within the CBA without giving cause or reason.

 

Unless you were in the locker room - we have no idea what he said or did as the UNC.  He should have examined Tua and then gave his opinion on if he thought he was concussed or not based upon his cognitive ability.  If Tua passed his cognitive ability compared to his baseline and the team doctor tells him that Tua is not showing any signs of mental difficulties - there is little the UNC can do.

 

Concussions are mis-diagnosed all of the time because it is not a clear cut test to determine.  It is best caught by people administering the test that have a more familiar knowledge of the player to see if there are mental changes and that is why the testing is done in conjunction with the team doctor.  The UNC can grade the results of the questions, but the team doctor must grade the mental changes.

 

Based upon what has been pulled from the agreement - both the UNC and the team doctor must consult and then it is the team doctor that makes the call.  The current protocol also allows for a situation like this to occur - where the player complains about back or ankle pain and passes all mental testing and they can blame the instability on something other than concussions.

 

For the entire process to work - the 3 individuals (UNC, team doctor, and player) must be honest and truthful throughout - we have no idea which of these broke down, but the UNC does not at this time deserve to lose his medical license or career over something that he has not been shown to have done incorrectly.

 

The bigger fault to me lies with the team doctor and the head coach, but the NFLPA has no jurisdiction there so they did the only thing they could do - create a scapegoat and fire the UNC without providing reasoning or evidence that he did anything wrong at this point.  
 

I could agree if they show that he thought he was concussed and then purposely said he was fine to allow him to play, but that has not been shown at this point.

 

 

 

This would all make sense. If there wasn't a national broadcast caught on camera of Tua having head trauma, finger fencing followed by a collapse. 

 

There's no ***** medical examination in the world that could determine that the collapse was from his back.

 

The doctor or doctors in question blatantly ignored head impact, the signs of fencing, clutching for his head and then gross loss of motor control. 

 

Whatever questions they asked to determine if there was a concussion are irrelevant given the signs and symptoms he demonstrated immediately following an actual ***** head impact. Why you ask? Because concussed players can pass those those tests with flying colors. 

 

The only argument they have to stand on is, but the player said it was his back! And that's exactly why they should both be fired. 

 

 

Edited October 2, 2022 by Motorin'

[GunnerBill]

20 minutes ago, Mr. WEO said:

 

Even if the contract the doctor signs with the team specifically states that his/her services may be terminated at the discretion of the entity that is contracting for their services? Such a contract would not be legally binding in the UK?

 

 

Correct. You cannot contract yourself out of your statutory employment rights. 

[Mr. WEO]

2 minutes ago, GunnerBill said:

 

Correct. You cannot contract yourself out of your statutory employment rights. 

 

Can one be hired per diem at all?  If a man mows my lawn each week for 2 years and I decide to go with someone cheaper, I would be bound to continue to pay him regardless?

[4merper4mer]

14 minutes ago, Mr. WEO said:

 

Can one be hired per diem at all?  If a man mows my lawn each week for 2 years and I decide to go with someone cheaper, I would be bound to continue to pay him regardless?

I don’t think grass grows in England so mute point.

[GunnerBill]

17 minutes ago, Mr. WEO said:

 

Can one be hired per diem at all?  If a man mows my lawn each week for 2 years and I decide to go with someone cheaper, I would be bound to continue to pay him regardless?

 

Per diem doesn't exist in the same way. You either have to be registered self employed or register yourself as a limited company (which is what a lot of those sorts of service providers do). The reality is of course that a lot of that type of work happens cash in hand off the books so your gardener doesn't have any employment right for employment he isn't declaring. 

 

We just generally have a balance tipped much further in favour of employees than you guys do. 

Edited October 2, 2022 by GunnerBill

[Mr. WEO]

1 minute ago, GunnerBill said:

 

Per diem doesn't exist in the same way. You either have to be registered self employed or register yourself as a limited company (which is what a lot of those sorts of service providers do). The reality is of course that a lot of that type of work happens cash in hand off the books so your gardener doesn't have any employment right for employment he isn't declaring. 

 

 

he is registered self employed--he runs a landscaping business. I assume he declares his income in such.

[Motorin']

2 hours ago, Wayne Cubed said:

They also don’t go into details about how they determine it was orthopaedic and not neurological. 

 

Because we said so and we're doctors isn't going to cut it. 

 

And "because the concussed player said so" is the reason why they should be fired. 

[Scott7975]

11 minutes ago, Motorin' said:

 

Because we said so and we're doctors isn't going to cut it. 

 

And "because the concussed player said so" is the reason why they should be fired. 

 

[4merper4mer]

22 minutes ago, GunnerBill said:

 

Per diem doesn't exist in the same way. You either have to be registered self employed or register yourself as a limited company (which is what a lot of those sorts of service providers do). The reality is of course that a lot of that type of work happens cash in hand off the books so your gardener doesn't have any employment right for employment he isn't declaring. 

 

We just generally have a balance tipped much further in favour of employees than you guys do. 

Does this whole diatribe explain British teeth?

[Motorin']

8 minutes ago, Scott7975 said:

 

 

"No go" symptom with his fingers right there. No doctor test is allowed to over rule that no go. 

[Pete]

17 minutes ago, Scott7975 said:

 

ouch!  My ***** ankle!  &*$^#!

Edited October 2, 2022 by Pete

[Motorin']

11 minutes ago, Pete said:

ouch!  My ***** ankle!  &*$^#!

 

No sign of head injury! Miami fired doctor knows best!

[Captain Caveman]

56 minutes ago, Mr. WEO said:

 

he is registered self employed--he runs a landscaping business. I assume he declares his income in such.

So are most doctors (self employed that is - they run / own a medical practice.)

[Mr. WEO]

33 minutes ago, Captain Caveman said:

So are most doctors (self employed that is - they run / own a medical practice.)

Most aren’t self employed.  The large majority are employed. 
 

This doctor was not working for the NFL as a member of his group practice.  

[Saint Doug]

9 hours ago, Pete said:

ouch!  My ***** ankle!  &*$^#!

Maybe his mind was on Saturn and he couldn’t tell the difference between his back and head.