11-07-2018, 04:47 PM
What bearing will the informed consent paper he signed, explaining the risks and benefits of the procedure, have on the case? He apparently had paroneal nerve damage, which isn't common, but is a risk with this procedure.
Shariff Floyd to sue...
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11-07-2018, 04:47 PM
What bearing will the informed consent paper he signed, explaining the risks and benefits of the procedure, have on the case? He apparently had paroneal nerve damage, which isn't common, but is a risk with this procedure.
11-07-2018, 06:07 PM
without seeing what it says or what he was told contemporaneously that might contradict the document, they will likely argue that the document only means that even if all of the doctors perform their jobs correctly, there is still a small chance that Floyd would suffer some injury. That document is irrelevant because we are going to show that one (or more?) of the doctors involved in treating Floyd acted negligently, that their performance failed to meet the standard of care required in such cases. This in not a case where the surgeons did everything they could and a permanent, life-altering injury was simply unavoidable. ...
11-07-2018, 09:34 PM
Thank you for explaining. I'm just trying to understand it lay terms.
So though the patient assumes the risk of disabling physical injury, the malpractice carriers assume the financial risk.
11-09-2018, 01:31 PM
Quote: @greediron said:
11-09-2018, 02:26 PM
Quote: @jargomcfargo said: Well, without getting too far into it, the insurer has a duty to defend and a duty to indemnify. The duty to defend kicks in when the insured (the doctor) is sued over something that is covered in the insurance policy. In this case, that would be the allegation of medical negligence. So the insurer will bear the cost of the doctor's defense. (We are presuming the doctor(s) sued has (have) insurance.) The duty to indemnify only kicks in if the insured (the doctor) suffers a judgment against him/her. The judgment presupposes that the plaintiff (Floyd) proves an injury caused by negligence that led to damages (lost money). Proving injury is not enough. For liability to attach, the injury must have been caused by the medical negligence. Of course, the plaintiff must also prove that the negligently-caused injury caused the plaintiff to lose money. And then plaintiff must also prove the amount of money that he would have made but did not make due to the injury.
11-09-2018, 02:52 PM
Quote: @Jor-El said:and that was how many years ago? with salaries rising rapidly and the cap expanding annually, its not completely out of the question to say that todays top tier DLinemen will out earn those from the previous generation. I am sure there is some pain and suffering and mental anguish on top of the actual lost earnings tacked on as a negotiating point. I doubt we ever hear how this actually turns out. the settlement will come with a confidentiality clause and that will be the end of it. |
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