Tygod suing the doctor who hastened Herbert’s ascension

[FireChans]

3 hours ago, Beerball said:

If it was zero you wouldn't have a thread, would you?

 

He's due his.

We’ll see. I bet he loses.

15 hours ago, BarleyNY said:

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. 

What evidence could Tyrod have on the doctor’s performance? 

[BarleyNY]

4 hours ago, FireChans said:

What evidence could Tyrod have on the doctor’s performance? 

I’d probably start with his punctured lung. 

[FireChans]

1 hour ago, BarleyNY said:

I’d probably start with his punctured lung. 

Again, a complication.  Not evidence of negligence on its own merit.

[BarleyNY]

20 minutes ago, FireChans said:

Again, a complication.  Not evidence of negligence on its own merit.

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. 

[FireChans]

2 minutes ago, BarleyNY said:

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. 

You're going in circles.  What evidence is there that standard of care was not followed?

 

Just because something can be, doesn't mean it is!

 

If you can do everything right and still get a pneumothorax, then BY DEFINITION, a pneumothorax is not evidence of malpractice.

Edited September 20, 2022 by FireChans

[BarleyNY]

2 hours ago, FireChans said:

You're going in circles.  What evidence is there that standard of care was not followed?

 

Just because something can be, doesn't mean it is!

 

If you can do everything right and still get a pneumothorax, then BY DEFINITION, a pneumothorax is not evidence of malpractice.

I am definitely repeating myself. I think that the issue might be a misunderstanding of the legal definition of evidence and confusion with proof. Proof is a fact that demonstrates something to be real or true. Evidence is information that might lead one to believe something to be real or true. Proof is final and conclusive. Evidence is not.

 

A pneumothorax Is definitely evidence of malpractice. It alone may not be enough to win the case (but you never know with a jury) and there obviously will be other evidence presented.

[Beerball]

On 9/20/2022 at 10:21 AM, FireChans said:

I bet he loses.

 

Whatever floats your boat.

[PromoTheRobot]

On 9/18/2022 at 9:57 AM, wppete said:

Tahhhrod has made tons of $$$ for a mediocre career. Hope he makes more now. 

 

I love how keyboard warriors call guys who play in the NFL "mediocre." Players who get cut in camp are already the top one half of one percent of all football players.

[LeGOATski]

17 hours ago, PromoTheRobot said:

 

I love how keyboard warriors call guys who play in the NFL "mediocre." Players who get cut in camp are already the top one half of one percent of all football players.

Yep. A guy who works at my kids' school made the Bills' practice squad once and I still congratulated him on the accomplishment. It's no small feat.

[Nextmanup]

On 9/23/2022 at 6:32 AM, LeGOATski said:

Yep. A guy who works at my kids' school made the Bills' practice squad once and I still congratulated him on the accomplishment. It's no small feat.

I used to play pickup hockey 2 nights a week with a bunch of guys/friends.  We varied from good high school players currently playing in high school to college aged, to "ex hockey players" in their 20s, 30s, 40s, and a few in their 50s...

 

Kind of a motley crew but no one was out to hurt each other, we were just having fun and getting exercise.

 

One guy from our little crew back then was probably in his late 20s, and had actually played junior hockey, but for whatever reason never pursued pro hockey further than that.  Maybe he sort of washed out of competitive hockey at that level.  Not sure! 

 

The point is this guy was so much better than all of us in every single way it was kind of funny.

 

His skating, his speed, his slap shot, he looked like a bad (LOL) pro hockey player out there.  His slap shot was like 30% harder than anyone on the ice.  

We ALL used to praise him constantly and tell him he should be playing for the Rochester Americans and not goofing around with us at Lincoln Park...

 

Long story but I know what you mean when you say the worst guy in the league on an NFL practice squad is, of course, one hell of an athlete.

 

Think of the amazing athletes in big time college football who never get a sniff of the NFL or a practice squad! 

 

 

 

 

[DrPJax]

On 9/20/2022 at 5:24 PM, BarleyNY said:

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. 

Being honest ( also I review charts for attorneys in malpractice cases to see if they should go forward ) , this is a hard case to think anyone will find malpractice.  It’s a simple injection , but if someone’s anatomy is different or you go a few millimeters too deep ( which is not that hard , tho there are techniques to use to help avoid it , but you can’t 100% prevent it ) it’s possible and an ACCEPTABLE risk in this type of procedure. I feel for both parties. Problem is the malpractice insurance company can settle without the Drs approval and they often do.
 This type of stress can ruin a Drs life as it drags on for a long  time; suicide has been know to happen under this type of stress.  Tyrod suffered no permanent damage , maybe some financial loss , yet he is probably a millionaire already ?   Sorry , but this seems like most likely a frivolous suit driven by ego and greed.  Jmo. He agreed to the risk when he took the injection. I think he is betting I insurance settling and this is the type of stuff that has a cap on damages anyhow. Not sure he gains much doing this. I know I am biased, yet if a doc does negligent things I don’t have tolerance for that either.  

[ExiledInIllinois]

1 hour ago, DrPJax said:

Being honest ( also I review charts for attorneys in malpractice cases to see if they should go forward ) , this is a hard case to think anyone will find malpractice.  It’s a simple injection , but if someone’s anatomy is different or you go a few millimeters too deep ( which is not that hard , tho there are techniques to use to help avoid it , but you can’t 100% prevent it ) it’s possible and an ACCEPTABLE risk in this type of procedure. I feel for both parties. Problem is the malpractice insurance company can settle without the Drs approval and they often do.
 This type of stress can ruin a Drs life as it drags on for a long  time; suicide has been know to happen under this type of stress.  Tyrod suffered no permanent damage , maybe some financial loss , yet he is probably a millionaire already ?   Sorry , but this seems like most likely a frivolous suit driven by ego and greed.  Jmo. He agreed to the risk when he took the injection. I think he is betting I insurance settling and this is the type of stuff that has a cap on damages anyhow. Not sure he gains much doing this. I know I am biased, yet if a doc does negligent things I don’t have tolerance for that either.  

Can't handle the heat, get out of the kitchen. Don't miss... And if you can't, go work in a muffler place where it doesn't really matter. 

 

How many poor slob's lives do millionaire doctors ruin?

 

There's a huge medical crisis in this country... Time to fix it.

[DrPJax]

6 hours ago, ExiledInIllinois said:

Can't handle the heat, get out of the kitchen. Don't miss... And if you can't, go work in a muffler place where it doesn't really matter. 

 

How many poor slob's lives do millionaire doctors ruin?

 

There's a huge medical crisis in this country... Time to fix it.

40 + years in the kitchen my friend ; what experience do you have or how much literature do you read about malpractice. Millionaire dr thing is a large myth except for a very few. Someday you , as everyone of us will require that talent for your own illness or family unless you are not human. The medical crisis is large Dr deficits as boomers are retiring and many leaving from burnout from the pandemic. Because of the years of education required and large debt for schools , many bright people are choosing other fields

 

. I have seen medicine be taken over by third parties , insurance companies who dictate Drs care and have dramatically reduced payments as ceos in jnsurance companies and hospitals become rich. Those are facts ; probably best to just bow out when you speak in vague generalities offering no valid analysis. Let’s see how you handle the heat when you are sick , frightened , and need a dedicated professional who swore an oath , sacrificed years to be educated while you were probably out partying. For most in the field it is a lifetime calling. 
 

 Sorry if that seems harsh , but the “ can’t handle the heat “ comment is BS as they deal with life and death daily, including putting their own lives at risk. Time will prove what I am saying as it’ seems unlikely you have had a significant personal illness or your attack would be more tempered. Benefit of the doubt , I am sorry if some professional did something wrong to you. It’s easy to spout about “ a crisis “ with no specifics..  Nothing more than repeating jargon you have been fed.  What do you know about the risks of a pneumothorax?  Tyrod is reaching, but many see malpractice as a lottery.  He was not going to hang onto the starters role regardless as he never has.  Wishing you good health to enjoy the Bills season. 

[FireChans]

@Doc

@Mr. WEO

@Kirby Jackson

 

Calling the boys back in!

 

https://unicourt.com/case/ca-la23-tyrod-d-taylor-vs-david-s-gazzaniga-md-et-al-690760

 

No settlement!  Tygod is going to trial!

[Doc]

31 minutes ago, FireChans said:

@Doc

@Mr. WEO

@Kirby Jackson

 

Calling the boys back in!

 

https://unicourt.com/case/ca-la23-tyrod-d-taylor-vs-david-s-gazzaniga-md-et-al-690760

 

No settlement!  Tygod is going to trial!

 

He's trying to claim that by using a different percentage of bupivacaine/Marcaine and/or volume that it was a different procedure and that's what caused the pneumo.  It's not.   

[Mr. WEO]

44 minutes ago, Doc said:

 

He's trying to claim that by using a different percentage of bupivacaine/Marcaine and/or volume that it was a different procedure and that's what caused the pneumo.  It's not.   

 

yeah the claim is dumb.

1 hour ago, FireChans said:

@Doc

@Mr. WEO

@Kirby Jackson

 

Calling the boys back in!

 

https://unicourt.com/case/ca-la23-tyrod-d-taylor-vs-david-s-gazzaniga-md-et-al-690760

 

No settlement!  Tygod is going to trial!

 

When there is no settlement, then the insurance company is very confident that they will successfully defend the suit in court.  

 

At this point, the odds overwhelmingly favor the Defendant----75% of jury verdicts find for the Defendants.

 

Tyrod's lawyer is stuck with a moron form a client and this will cost that poor sap a ton in unrecovered billable hours.

[Buffalo716]

I will never forget meeting TT at my camp..  he was super nice guy and professional

 

I will say it was October ... And he was hobbled ...  And all I asked was if he was playing Sunday since he was my fantasy QB

 

He laughed , dabbed me up and said game time decision bro ... Game time decision

 

I said wtf I got 1000 bucks in this league are you playing or not !! He said game time decision bro lol

Edited August 5, 2023 by Buffalo716

[Irv]

38 minutes ago, Buffalo716 said:

I will never forget meeting TT at my camp..  he was super nice guy and professional

 

I will say it was October ... And he was hobbled ...  And all I asked was if he was playing Sunday since he was my fantasy QB

 

He laughed , dabbed me up and said game time decision bro ... Game time decision

 

I said wtf I got 1000 bucks in this league are you playing or not !! He said game time decision bro lol

Did you win the league?

[Buffalo716]

3 minutes ago, Irv said:

Did you win the league?

Lost in the championship by one point

[FireChans]

3 hours ago, Doc said:

 

He's trying to claim that by using a different percentage of bupivacaine/Marcaine and/or volume that it was a different procedure and that's what caused the pneumo.  It's not.   

 

2 hours ago, Mr. WEO said:

 

yeah the claim is dumb.

 

When there is no settlement, then the insurance company is very confident that they will successfully defend the suit in court.  

 

At this point, the odds overwhelmingly favor the Defendant----75% of jury verdicts find for the Defendants.

 

Tyrod's lawyer is stuck with a moron form a client and this will cost that poor sap a ton in unrecovered billable hours.

It made me think there was a possible discrepancy in documentation vs what was actually administered, like something with auto-text.

 

I think part of his claim was that because a different volume of anesthetic was involved, he didn't give specific consent for this procedure. I ain't no lawyer tho.