USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors

jeanpierre · 09-27-2020, 01:43 PM

Originally Posted by AsylumGuido

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.

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, 01:43 PM	#12
jeanpierre Site Donor 2018 Join Date: Mar 2008 Location: Thibodaux Posts: 43,543 Blog Entries: 39	Re: USA Today Saints Wire \| Delvin Breaux files suit against ex-Saints team doctors Originally Posted by AsylumGuido 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. 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...