BarleyNY

Again, it absolutely can be due to malpractice. Just because something is a known complication doesn’t mean that the doctor has a get out of jail free card. Standard of care still applies.

I’d probably start with his punctured lung.

I have not been a fan of signing Edmunds to a huge contract. In general I think he does some things very well, but has some significant holes in his game. That all said, he had a great game last night. Literally it was the best I’ve seen him play.

I get what you’re saying but let’s not pretend like it isn’t typical behavior across the league.

Less than a minute left in the half. Defensive players often lay on offensive players to kill the clock. He probably thought Dane was doing that and didn’t realize he was hurt.

Because sometimes bad outcomes are not due to a medical practitioner failing to meet the expected standard of care. And sometimes they are. A disclosure of a possible complication does not mean that a doctor’s performance does not impact whether or not that complication occurs or whether they are responsible for it. With this specific procedure it’s obvious how a mistakes by a physician would lead to a punctured lung. Sometimes that same complication might be unavoidable, but the performance of the doctor would definitely have a bearing on it. The legal burden of proof is anything over a 50% chance that the doctor’s performance cause this complication. Settlements usually occur in the 11th hour so there’s no surprise that there has not been one yet. I don’t have a dog in this fight. I just know how these cases go due to being in the insurance industry. I’m just trying to explain what almost always happens.

The first hurdle in a med mal case is standard of care. IOW the expected level of care from a reasonably skilled doctor under the same circumstances. The expectations include factors such as specific circumstances and specifics about the medical practitioner. For example a specialist would have a higher standard in their own specialty than a GP would. An NFL team doctor definitely would have a higher standard than average. Waivers regarding known complications and risks are not get out of jail free cards. They do not impact standard of care requirements. From what I’ve seen they have 3 uses: - educating patients on the risks of a procedure - discouraging claims - protecting the medical professional when adequate standard of care is given In a nutshell, a bad outcome is not necessarily due to malpractice. But it certainly can be. IMO this would be a fairly easy hurdle for TT’s lawyers to clear. The second hurdle is the injury to the patient. That’s straightforward. The last one is the actual damage done. In this case, it is any money that it cost TT in terms of future earnings? I agree that it is debatable if it did cost him anything. But here is a real issue. The burden of proof in med mal cases is almost always “preponderance of evidence”. That’s anything greater than 50%. Between the risk of the verdict going against them, the legal costs and the possible jury award (which could be far more than $5M) there is no way an insurance company take this case to a verdict. The math will dictate that they settle.

What I “promised” you was that the legal standard is exactly the same whether a medical procedure is elective or not. Common sense - or a quick google search - should tell you that.

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

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.

$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.

At the Bar Bill in East Auora you can get food from their takeout place in the back of the plaza and take it into Aurora Beer Works to eat it if you buy drinks there. My opinion is that this is good in a pinch, but the wings aren’t as good as what you get in the actual restaurant. Like Bar Bill North level good. Also Auora Beer Works is a cool place and has a great beer selection. They even let us eat downstairs when they got crowded. Often it does, but usually not as long as the wait in EA

Yup. They are not a good team overall and they have limited QB. Mac Jones has a place in the league, but it’s not starting for a contender.

A lot of coaches and teams broke the rules or engaged in other immoral behavior to improve their legacy. People raved about the Steelers great drafts in the ‘70s, but ignored the fact that they were pioneering steroid use at that time. Pretty easy to see how that bought them some championships. But that doesn’t mean that Chuck Noll wasn’t an excellent coach. He was. Belichick is a very, very good coach who broke a number of rules to gain advantages. He also stumbled into the GOAT at QB. That’s a recipe for success until you lose that QB and have to stop cheating. The biggest surprise in all of this is that he stuck around to have Mac Jones at QB and disintegrating team around him. He didn’t even give himself a chance to succeed after Brady left.

He was their starting nickel CB.

It depends on how he plays this year. People are buying the false narrative that he can’t pass when he needs to. I think that you are likely correct. I think he wants out of Roman’s offense.

He knows how that’ll go too. He can refuse to sign the tag and force a trade. Then some team will cough up 3 first round picks plus some later ones as well as a fully guaranteed contract bigger than Watson’s. Just look at what some teams have at QB.

And they’re both better than the Jest

Indeed. Couple teams, including the Phins, look like they’re a FQB away from being very good.

A lot of bettors seem to share your thinking. That line started with GB as 1.5 pt favorites, but moved to Minny by 2.5.

Glad they got something done. Poyer has certainly earned it.

Awhile back I did read that he was having his contracts reviews by lawyers. That was likely in reference to his rookie deal.

The Bills did not have a perfect game and I liked hearing Allen talk about cleaning things up. Still, it was a helluva effort and the intensity was playoff level. The overall play was so good that I just don’t think it’s worth nitpicking at the negatives. It’s a long season and, based on what Allen said, the team sure looks focused on ironing those out. I’d just like to sit back and enjoy this ride.

I agree. It really would take a catastrophic injury though. Dak got paid right after his ankle exploded. That kind of injury would obviously be worse for Lamar, but if he avoids major injury he will make a lot more money this way.

98% of the time CC just states the obvious and leans into common narratives. I can’t believe he didn’t tell us how great Tom Brady is 52 times yesterday. It’s a shame. He started out terrible, worked at his craft and got really good for awhile before becoming what we see today. In my house if you say something stupid and annoying, there’s a good chance someone will respond with “Shut up, Chris!”