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-   -   USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors (https://blackandgold.com/saints/99256-usa-today-saints-wire-delvin-breaux-files-suit-against-ex-saints-team.html)

AsylumGuido 09-27-2020 02:32 PM
Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors
 
Quote:
Originally Posted by jeanpierre (Post 897900)
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...
I have a feeling you are a little personally invested into the whole affair.

As I mentioned before, Breaux' legal team is going to have to show injury caused by malfeasance to have the case even advance to the discovery stage.

I know and understand your frustration, but while you think I have my head up my arse you may need to pull yours out of the same orifice. The Saints have no "legal" liability here.

jeanpierre 09-27-2020 02:43 PM
Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors
 
Quote:
Originally Posted by AsylumGuido (Post 897910)
I have a feeling you are a little personally invested into the whole affair.

As I mentioned before, Breaux' legal team is going to have to show injury caused by malfeasance to have the case even advance to the discovery stage.

I know and understand your frustration, but while you think I have my head up my arse you may need to pull yours out of the same orifice. The Saints have no "legal" liability here.
Have a feeling this is your fall back everytime I clearly demonstrate to the rational world you are wrong...

AsylumGuido 09-27-2020 03:03 PM
Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors
 
Quote:
Originally Posted by jeanpierre (Post 897915)
Have a feeling this is your fall back everytime I clearly demonstrate to the rational world you are wrong...
No. Let's wait and see. I am not wrong here. I would dare say I have the better insight into malpractice litigation in the state of Louisiana than anyone else that you know.

The Saints have no liability in the situation. Oscshner and the doctors may if they caused physical injury through their actions. I know you want the Saints punished, but there has to be legal cause.

I'm not saying that the Saints front office had no influence, but legally that has no bearing, JP. That is a fact. Sorry.

jeanpierre 09-27-2020 03:42 PM
Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors
 
Quote:
Originally Posted by AsylumGuido (Post 897917)
No. Let's wait and see. I am not wrong here. I would dare say I have the better insight into malpractice litigation in the state of Louisiana than anyone else that you know.

The Saints have no liability in the situation. Oscshner and the doctors may if they caused physical injury through their actions. I know you want the Saints punished, but there has to be legal cause.

I'm not saying that the Saints front office had no influence, but legally that has no bearing, JP. That is a fact. Sorry.
Quite an assumption that you have better insight on malpractice litigation that I know, considering I worked with a malpractice attorney for over five years and have remained close friends and converse with him weekly.

Secondly, you're jumping back and forth now to reframe what you said earlier and that the Saints wouldn't be deposed as their part was not germane to the case...

The Saints hired OHP, so they are definitely germane players in the suit even if they may not have any direct liability or are declared defendants, at this time.

Third, the facts of the case will come out to determine whether the Saints' influence over the OHP doctors that the Saints hired was a factor in the medical malpractice of Delvin Breaux's case...

AsylumGuido 09-27-2020 03:51 PM
Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors
 
Quote:
Originally Posted by jeanpierre (Post 897924)
Quite an assumption that you have better insight on malpractice litigation that I know, considering I worked with a malpractice attorney for over five years and have remained close friends and converse with him weekly.

Secondly, you're jumping back and forth now to reframe what you said earlier and that the Saints wouldn't be deposed as their part was not germane to the case...

The Saints hired OHP, so they are definitely germane players in the suit even if they may not have any direct liability or are declared defendants, at this time.

Third, the facts of the case will come out to determine whether the Saints' influence over the OHP doctors that the Saints hired was a factor in the medical malpractice of Delvin Breaux's case...
Once again, JP. What would the claim of malpractice involve? What was his injury that was a result of mistreatment? That is the point I am making. It doesn't matter what type of influence the Saints had over the medical side. There has to be actual malpractice for anything to advance. His lawyers have to show that there was a material injury that resulted from his treatment before it ever gets to any point of discovery.

That is the law, JP. Plain and simple. You can ask your malpractice lawyer friend. Who knows, he may know my wife.

:bng:

PS. Oh, I have been married to a malpractice adjuster that has worked many, many hundreds of malpractice cases working hand in hand with a bank of lawyers that specialize in malpractice themselves over the past fifteen years or so all in the state of Louisiana.

I have heard more about malpractice in wind down sessions at the end of the day than you could ever imagine. So, yes, I believe I would have a better insight into malpractice litigation.

Just sayin', my friend.

;)

jeanpierre 09-27-2020 03:59 PM
Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors
 
Quote:
Originally Posted by AsylumGuido (Post 897925)
Once again, JP. What would the claim of malpractice involve? What was his injury that was a result of mistreatment? That is the point I am making. It doesn't matter what type of influence the Saints had over the medical side. There has to be actual malpractice for anything to advance. His lawyers have to show that there was a material injury that resulted from his treatment before it ever gets to any point of discovery.

That is the law, JP. Plain and simple. You can ask your malpractice lawyer friend. Who knows, he may know my wife.

:bng:
Now you are deflecting...

You argued Saints officials wouldn't be deposed as it wasn't germane to the case...

As the Saints hired the OHP doctors in the case, I stated it was very germane to the case...

Now you're trying to change what you said by restating a different argument, and that is deflection that you made an erroneous statement of assumption...

AsylumGuido 09-27-2020 04:12 PM
Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors
 
Quote:
Originally Posted by jeanpierre (Post 897928)
Now you are deflecting...

You argued Saints officials wouldn't be deposed as it wasn't germane to the case...

As the Saints hired the OHP doctors in the case, I stated it was very germane to the case...

Now you're trying to change what you said by restating a different argument, and that is deflection that you made an erroneous statement of assumption...
Sure, if it ever got to the point, which it wouldn't, that it advanced to a point where injury was suggested, then they may be addressed but unless they were directly involved in the treatment that resulted in the injury from the malpractice accusation I seriously doubt any deposition would take place. It certainly wouldn't have any relevance to the case of malpractice based upon the legal definition. By the way, PM me your lawyer friend's name that's the expert and I'll check with my wife if she knows him or her.

OldMaid 09-27-2020 09:11 PM
Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors
 
How could they not properly check him for the simplest thing? A broken leg.
OMG.
Poor guy.
Best to him.

Halo 09-28-2020 08:45 AM
Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors
 
Quote:
Originally Posted by OldMaid (Post 898154)
How could they not properly check him for the simplest thing? A broken leg.
OMG.
Poor guy.
Best to him.
Very sad end to a great comeback. Team docs got fired for the incident.

spkb25 09-28-2020 09:13 AM
Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors
 
Quote:
Originally Posted by AsylumGuido (Post 897925)
Once again, JP. What would the claim of malpractice involve? What was his injury that was a result of mistreatment? That is the point I am making. It doesn't matter what type of influence the Saints had over the medical side. There has to be actual malpractice for anything to advance. His lawyers have to show that there was a material injury that resulted from his treatment before it ever gets to any point of discovery.

That is the law, JP. Plain and simple. You can ask your malpractice lawyer friend. Who knows, he may know my wife.

:bng:

PS. Oh, I have been married to a malpractice adjuster that has worked many, many hundreds of malpractice cases working hand in hand with a bank of lawyers that specialize in malpractice themselves over the past fifteen years or so all in the state of Louisiana.

I have heard more about malpractice in wind down sessions at the end of the day than you could ever imagine. So, yes, I believe I would have a better insight into malpractice litigation.

Just sayin', my friend.

;)
I'm married to a woman so I know a lot about periods and tampons 🙄

My dad was a soldier and my wife is taking down everyone. I'm a DB by proxy


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