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this is a discussion within the Saints Community Forum; Originally Posted by dizzle88 Good! I've listened to a few interviews from him, sounds like Payton and the team doctors really screwed him over. He said he told Payton numerous times that there was something more wrong with his leg ...
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09-26-2020, 09:03 PM | #11 |
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Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors
Originally Posted by dizzle88
Breaux and Payton allegedly came to blows at training camp at the Greenbrier according to Breaux.
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09-26-2020, 09:54 PM | #12 |
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Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors
Originally Posted by AsylumGuido
They sue because most cases don't meet a threshold for a jury trial. If trial lawyers suddenly are faced with the expense of underwriting a jury trial that they may lose, you'll see the lawsuits numbers drop...
Why do you think Morris Bart has lobbied so hard in the legislature? And backed the current governor so generously? Start making those cases go to jury trial, and then you'll see only the legit cases get to court as trial lawyers won't walk into court on the hook for those court fees when they could lose... |
09-26-2020, 09:56 PM | #13 |
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Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors
Originally Posted by AsylumGuido
Case may be between OHP and Breaux, but when the deposition process starts, let's see what happens when Saints staff get called in under oath...
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09-27-2020, 01:17 AM | #14 |
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Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors
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09-27-2020, 10:48 AM | #15 |
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Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors
Originally Posted by jeanpierre
They wouldn't be deposed unless they were germane to the suit and if they were germane they would have been named as defendants.
I am curious, though, as to what he is claiming as damage. Misdiagnosis or even mistreatment alone are not grounds for a malpractice suit. There has to be some sort of negligence that causes injury or unneeded surgery as a result for a claim to be valid. Filing a claim is easy. Showing actual injury as a result is not. The fact that he was able to get a job in the CFL would show that he has no lingering issue as a result of a misdiagnosis, therefore no standing. There would have to be something else. |
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09-27-2020, 10:53 AM | #16 |
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Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors
Originally Posted by jeanpierre
Maybe one out of every 200 cases ever make it to court. Most are thrown out for lack of grounds very early on. The small percentage that have some grounds are usually settled via mediation and never reach court. Yet, all of those still cost the insurance companies millions in legal fees even if the plaintiff doesn't get anywhere with the suit that they filed.
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09-27-2020, 02:43 PM | #17 |
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Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors
Originally Posted by AsylumGuido
How are the Saints not germane to the suit? You'd have to have your head up your arse to think they weren't germane as the Saints hired OHP. Further, smart litigator will bring them in for as much discovery as possible...
And that's why the Saints might be inclined to cut a side deal with OHP to get this settled... |
09-27-2020, 02:48 PM | #18 |
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Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors
Originally Posted by AsylumGuido
History. If you look at the number of cases and the costs before and after Trial Lawyers lobbied and got the law changed to raise the threshold for a trial jury, the numbers are night and day...
Louisiana is one of the most litigious states in the Union, and it's no wonder that Trial Lawyers are a big drain on what should be the South's second leading economy... |
09-27-2020, 02:49 PM | #19 |
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Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors
If anyone deserves a fair trial it's Delvin Breaux. We did him dirty. I didn't know that he had been in a fist fight with Payton. I read it earlier so please don't quote me. There was obviously bad blood but whose fault is it? I'm thinking Payton believed the Ochsner quacks and rode his ass to get him back sooner than he should have.
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09-27-2020, 02:51 PM | #20 |
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Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors
If anyone deserves a fair trial it's Delvin Breaux. We did him dirty. I didn't know that he had been in a fist fight with Payton. I read it earlier so please don't quote me. There was obviously bad blood but whose fault is it? I'm thinking Payton believed the Ochsner quacks and rode his ass to get him back sooner than he should have.
I called on Ochsner in medical sales. That place was almost as bad as the VA, which was horrible! |