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USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors
Hoping all the facts and the Truth come out in this case...
And if the team gets a black-eye in the process, so be it... |
Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors
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 than initially reported and Payton ignored it and trusted the doctors. Turns out it was broken and Payton gave him attitude when he couldn't perform properly. |
Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors
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Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors
It is likely that my wife's company will be handling the suit. She is a malpractice adjustor whose company insures virtually all the hospitals and doctors in Louisiana. She covers the entire northern half of the state so this wouldn't be one of her cases, but I would be surprised if any information ever comes out to the public. Very seldom do any of these cases ever reach court and therefore there are no public records. I'll ask her about it, but she can't share information, as you can well imagine. Louisiana is one of the most litigious states in the nation and cases that do end up in court are usually years down the road.
Also, if there is truly a chance of a doctor or facility being negligent and causing material harm there is commonly a settlement via mediation which includes a non-disclosure agreement. In other words, don't hold your breath for anything coming out. Sorry to burst your bubble, JP. Just the straight scoop. :( |
Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors
In addition, Louisiana has a malpractice cap of $500,000 even if a court awards millions. If there were clear negligence that would be a clean cut settlement ... under the radar.
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Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors
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But how many of your wife's, or rather her contemporaries' cases involved a New Orleans Saint? If it doesn't come to light, it'll be because Greg Bensel, Dennis Lauscha, Ben Hales, Mickey Loomis, Sean Payton, Vicky Neumeyer et al counsel do a side deal with OHP and insist on an NDA as part of the settlement... But I still would like the facts to come to light and this is why... Yes, I do know some things via friends that I can't compromise their trust; they're at least two members in this community who know I'm not BS'ing on this... That said, they're some injuries where some players get a bad wrap in the press because of a wink-wink, nod-nod agreement with the press and others to pressure a player back... This has happened in more than one coaching regime with the Saints and I'd hoped it'd be different with the current regime... I'll say that I don't believe that to be the case and that I feel Del Breaux caught a raw deal and fans should know... He's a local boy, who loves all people, and wanted so much to bring Lombardi Gras to us; IMHO, his injury was misdiagnosed, mismanaged and they're several parties who should pay for that fubar situation... Also have friendlies with the Press here; they have bills, families, et cetera, but if this were NYC, ATL, CHI, DAL, LA, Sean Payton would've had his head handed to him, rightfully so, long ago... But Del Breaux should be made whole, and the Saints should do their part in that and embrace him as a former Saint and into the Saints community once again... And then we can talk WestBank... |
Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors
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I'm no fan of trial lawyers, or lawyers in general; I've exactly two friends who happen to be lawyers, one is in subrogation and the other now does personal injury... But all that malpractice cap is done is give actuaries a number to plug in to absorb those cases, causing everyone's medical bills to go up to absorb that cost... Now, take that cap away and bad doctors can be sued out of practice, and that's as it should be - the market correcting itself... But one thing you're right about, they're are many settlements that go for much more as the depositions for those doctors can get quite personal... Once knew one who had to admit to three affairs in one day, no wonder she was exhausted with her patients; but her divorce proved to be more costly... |
Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors
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You're pissin' up a rope if you think that this suit will affect the Saints organization whatsoever whether you think it is warranted or not. If Breaux' legal team felt like there was some to gain by suing the Saints as well they would have included them in the suit. It is customary to name every party even remotely involved in a suit. You should know that ... I know you do. Oh, and they have dealt with bigger claims than from individuals with far more visiability than a Saints player. LOL!!! |
Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors
Okay, just talked with the wife. About the only hospital system in the state they don't cover is Oschner. But she totally agreed with everything I said. It will be years before it gets to court IF it does and IF it does it means the hospital knows it will win. It will likely be settled out of court, IF his counsel can show enough lasting damage to warrant a settlement, and if so there will definitely be a nondisclosure agreement.
No way your going to get your satisfaction, JP. I understand where you are coming from, but the Saints front office isn't involved at all in the matter and cannot be dragged into it publicly under the normal circumstances. Xanax time, my friend. |
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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... |
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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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And that's why the Saints might be inclined to cut a side deal with OHP to get this settled... |
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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... |
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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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! |
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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. |
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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. |
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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... |
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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. ;) |
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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... |
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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. |
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My dad was a soldier and my wife is taking down everyone. I'm a DB by proxy |
Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors
Closed due to garbage posts.
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