Tygod suing the doctor who hastened Herbert’s ascension

[Mr. WEO]

1 minute ago, djp14150 said:

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…..

 

 

If he was told "one complication of this procedure is pneumothorax or temporary collapse of the lung", that he deserves money for this known possible outcome?

[djp14150]

Just now, Mr. WEO said:

 

 

If he was told "one complication of this procedure is pneumothorax or temporary collapse of the lung", that he deserves money for this known possible outcome?

it depends on his case. 
 

the issue is you shouldn’t get extra medical costs on you because of a mistake by the doctor.  Yes mistakes happen.  Thsts why doctors are insured

[Mr. WEO]

4 minutes ago, djp14150 said:

it depends on his case. 
 

the issue is you shouldn’t get extra medical costs on you because of a mistake by the doctor.  Yes mistakes happen.  Thsts why doctors are insured

hes not suing for extra medical expenses in this case

[Big Turk]

35 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  He has routinely been replaced by rookies---this happened before the Chargers and after.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?

 

 

Hmm...that is a good question. If they aren't I wonder why not. He was employed by them. If it's only the doctor, I would imagine his insurance will try to work out a settlement.

[Mr. WEO]

10 minutes ago, Big Turk said:

 

Hmm...that is a good question. If they aren't I wonder why not. He was employed by them. If it's only the doctor, I would imagine his insurance will try to work out a settlement.

 

I don't know the financial relationship between this doctor and the team.  TT is suing him and his practice group so I'm assuming he is not an employee of the team, but a contractor.

[Freddie's Dead]

I'm no fan of Tyrod Taylor, but he deserves every penny from this quack.  

 

[ExiledInIllinois]

3 hours 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...  

The same Doc is treating Herbert's ribs as we speak. 😆 

[Spiderweb]

Tyrod broke? Holy cow, this man has already stolen millions as a very mediocre QB who can run a bit. Go away. I used to respect him until this...

[Kirby Jackson]

5 hours ago, FireChans said:

Legitimately not.
 

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

I write some med mal. This would be settled IMMEDIATELY if someone filed a claim. The insurance company isn’t fighting this one…

[Kirby Jackson]

6 hours ago, FireChans said:

Legitimately not.
 

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

 

5 hours ago, Doc said:

 

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

 

 

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.

 

5 hours ago, Mr. WEO said:

 

Explain how this is "textbook"....

 

he did.  last year

Seriously?!? He can EASILY make the case that they acted in bad faith to replace him. He can say that their negligence impacted his future earnings!! This is so simple. I’ve seen MANY claims setttled with WAY less evidence. Tyrod has even left the door open to ammend the claim asking for more. I suspect that the carrier will offer the $5M and the Chargers will be fine with it (the Chargers have a say in settling a professional liability claim because of the potential for reputational damage). That’s different from a GL or WC claim where the carrier has 100% say in settling. Tyrod does not have to prove that they were negligent. They have to prove that they weren’t!! He already has “proven” that he lost wages and that he was seriously injured by them. He can point to their desire to play the rookie as their motivation. They will cut the check and move on.
 

Edited September 18, 2022 by Kirby Jackson

[FireChans]

27 minutes ago, Kirby Jackson said:

 

 

Seriously?!? He can EASILY make the case that they acted in bad faith to replace him. He can say that their negligence impacted his future earnings!! This is so simple. I’ve seen MANY claims setttled with WAY less evidence. Tyrod has even left the door open to ammend the claim asking for more. I suspect that the carrier will offer the $5M and the Chargers will be fine with it (the Chargers have a say in settling a professional liability claim because of the potential for reputational damage). That’s different from a GL or WC claim where the carrier has 100% say in settling. Tyrod does not have to prove that they were negligent. They have to prove that they weren’t!! He already has “proven” that he lost wages and that he was seriously injured by them. He can point to their desire to play the rookie as their motivation. They will cut the check and move on.
 

He does have to prove they are negligent and "acting in bad faith" lmao.  What are you talking about?

 

Are you arguing Tyrod's claim is that they intentionally caused a pneumothorax to get the rookie to play?  Did you read the article?

[BarleyNY]

5 hours ago, Mr. WEO said:

 

 

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?

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.

[Kirby Jackson]

9 minutes ago, FireChans said:

He does have to prove they are negligent and "acting in bad faith" lmao.  What are you talking about?

 

Are you arguing Tyrod's claim is that they intentionally caused a pneumothorax to get the rookie to play?  Did you read the article?

It’s pretty much already proven with everything that has transpired since. That’s the point!! He can point to the money difference from where he was to where he is. He can say that they wanted to replace him. Now they have to say all of that isn’t true…

 

I’ve read multiple articles on it and know a little about medical malpractice (and insurance in general). This one isn’t going to be complicated. 

[FireChans]

10 minutes ago, Kirby Jackson said:

He can point to the money difference from where he was to where he is.

My homie, he has the exact same contract as he did with the Chargers.

 

2 years $11M.

 

I'm glad you aren't a juror in this case.

 

"It's proven medical malpractice because Tyrod got the exact same contract pre and post injury!"

 

Lmao.

 

He can "say" whatever he wants, because you can basically sue for anything. You can't win just because you say so....

Edited September 18, 2022 by FireChans

[Doc]

1 hour ago, Kirby Jackson said:

It’s pretty much already proven with everything that has transpired since. That’s the point!! He can point to the money difference from where he was to where he is. He can say that they wanted to replace him. Now they have to say all of that isn’t true…

 

I’ve read multiple articles on it and know a little about medical malpractice (and insurance in general). This one isn’t going to be complicated. 

 

He has no proof the Chargers were going to make him the starter the whole season.  In fact, all of the QBs taken in the top-10 of the previous 5 drafts started sometime within their rookie year.  He even lost his starting job in Cleveland to one of them because he was so bad. 

[Kirby Jackson]

2 hours ago, FireChans said:

My homie, he has the exact same contract as he did with the Chargers.

 

2 years $11M.

 

I'm glad you aren't a juror in this case.

 

"It's proven medical malpractice because Tyrod got the exact same contract pre and post injury!"

 

Lmao.

 

He can "say" whatever he wants, because you can basically sue for anything. You can't win just because you say so....

I didn’t realize that the contract was the same. Did they pay him on all of his incentives? 
 

Either way, the insurance company will cut a check and move on. I see this kind of thing every single day. I’ll be SHOCKED if there isn’t a settlement reached.

23 minutes ago, Doc said:

 

He has no proof the Chargers were going to make him the starter the whole season.  In fact, all of the QBs taken in the top-10 of the previous 5 drafts started sometime within their rookie year.  He even lost his starting job in Cleveland to one of them because he was so bad. 

He doesn’t need more proof than “I was starting, they shot me up, punctured a lung and I wasn’t starting anymore.” That is bulletproof. He has facts. They don’t. That IS what happened. If he were already the backup, maybe (although he’d still collect for med mal). I’m actually STUNNED that people think he won’t get $. That’s why professional liability insurance exists!! 

[Doc]

3 minutes ago, Kirby Jackson said:

I didn’t realize that the contract was the same. Did they pay him on all of his incentives? 
 

Either way, the insurance company will cut a check and move on. I see this kind of thing every single day. I’ll be SHOCKED if there isn’t a settlement reached.

 

He signed a 2-year $11M contract with them and got that much according to Spotrac.  If there were any, they might settle on that, but it probably won't even be 10% of $5M.

[FireChans]

9 minutes ago, Kirby Jackson said:

I didn’t realize that the contract was the same. Did they pay him on all of his incentives? 
 

Either way, the insurance company will cut a check and move on. I see this kind of thing every single day. I’ll be SHOCKED if there isn’t a settlement reached.

He doesn’t need more proof than “I was starting, they shot me up, punctured a lung and I wasn’t starting anymore.” That is bulletproof. He has facts. They don’t. That IS what happened. If he were already the backup, maybe (although he’d still collect for med mal). I’m actually STUNNED that people think he won’t get $. That’s why professional liability insurance exists!! 

“Why did they do a shot Tyrod?”

 

”because I needed it to play”

 

 

Case closed lol

[Doc]

14 minutes ago, Kirby Jackson said:

Either way, the insurance company will cut a check and move on. I see this kind of thing every single day. I’ll be SHOCKED if there isn’t a settlement reached.

He doesn’t need more proof than “I was starting, they shot me up, punctured a lung and I wasn’t starting anymore.” That is bulletproof. He has facts. They don’t. That IS what happened. If he were already the backup, maybe (although he’d still collect for med mal). I’m actually STUNNED that people think he won’t get $. That’s why professional liability insurance exists!! 

 

Again pneumo is a well-known complication of the procedure.  He was explained the risks and benefits and signed a consent.  He has no legal defense to say he didn't know what was written on a piece of paper he signed.

 

But I agree that they'll settle on a number.  It will probably be for about 1/10th of what he's looking for though.

[Kirby Jackson]

9 hours ago, Doc said:

 

He signed a 2-year $11M contract with them and got that much according to Spotrac.  If there were any, they might settle on that, but it probably won't even be 10% of $5M.

Then it will be “pain and suffering” and “loss of future earnings.” They will have a hard time saying that he didn’t lose at least $5M.

 

I don’t know what the team doctor’s carry for limits (my guess is at least $5M as that was the demand). When we insured the Saints they carried a $75M umbrella but only $25M for the liability for brain injuries. Umbrellas don’t sit over professional liability but that gives you an idea as to the per occurrence limits. The team doctor’s are probably carrying a minimum of $10M for situations like this.

 

Fwiw, former Chargers Doctor David Chao was twice found guilty of medical malpractice. 

9 hours ago, FireChans said:

“Why did they do a shot Tyrod?”

 

”because I needed it to play”

 

 

Case closed lol

“They threatened my career if I didn’t undergo this. They made that decision and then punctured my lung.”

9 hours ago, Doc said:

 

Again pneumo is a well-known complication of the procedure.  He was explained the risks and benefits and signed a consent.  He has no legal defense to say he didn't know what was written on a piece of paper he signed.

 

But I agree that they'll settle on a number.  It will probably be for about 1/10th of what he's looking for though.

Forced to do it…

 

I am not an attorney or doctor. I do run a property and casualty agency that handles over $260M of premium annually. We see things like this ALL the time. There is almost always a significant payment. This will absolutely be in the millions. It may not be $5M (although I think it will). This is a very, very, very difficult case for the insurance company to try to defend. 

Edited September 19, 2022 by Kirby Jackson