For the Lawyers, re: Liability

[javadoc]

With regard to the Steven Clark case, and with medical DQ's in general, what is the actual risk? I keep seeing CYA mentioned, but what EXACTLY are we c-ing our a in anticipation of?

 

[orangecuse]

With regard to the Steven Clark case, and with medical DQ's in general, what is the actual risk? I keep seeing CYA mentioned, but what EXACTLY are we c-ing our a in anticipation of?

I'm not an attorney, but spent many years in the insurance industry working very closely with attorneys on numerous lawsuits, etc.

Yes, this is a risk management position SU has apparently taken. Essential elements of risk are avoidance, retention, control and transfer. SU has chosen to avoid the risk by removing the source of risk. Therefore, if potentially anything were to happen to the subject's health causally related to his apparent condition, SU will, in their view, had acted accordingly by formally placed the subject on notice, and ridding themselves of any potential exposure.

 

[bcubs9497]

We were told by an attorney that we wouldn't win a medical malpractice suit because there was no quantifiable damage.

 

[orangecuse]

We were told by an attorney that we wouldn't win a medical malpractice suit because there was no quantifiable damage.

That would be essential for a "Cause of Action." Though, I could see where another attorney may consider commencing a future mental anguish type suit. Of course, the subject would have to have psychological medical evidence of such distraught, etc. that kept him from functioning normally in his daily routine, etc. These type of cases vary considerably by jurisdiction and typically cap limits regarding any monetary type awards.

 

[bcubs9497]

That would be essential for a "Cause of Action." Though, I could see where another attorney may consider commencing a future mental anguish type suit. Of course, the subject would have to have psychological medical evidence of such distraught, etc. that kept him from functioning normally in his daily routine, etc. These type of cases vary considerably by jurisdiction and typically cap limits regarding any monetary type awards.

I can't really buy into that whole mental anguish thing. Sure, this has been a PITA, but we're not suicidal about it. Just pissed.

 

[orangecuse]

I can't really buy into that whole mental anguish thing. Sure, this has been a PITA, but we're not suicidal about it. Just pissed.

I hear ya...I was just implying from a legal, theoretical point of view.

 

[RandomGuy]

I can't really buy into that whole mental anguish thing. Sure, this has been a PITA, but we're not suicidal about it. Just pissed.

Agree. However, didn't the initial neglect cause you monetarily, as well? Travel expense to Michigan, etc...being forced to pick up your whole life and move, additional expense...and would be found by some to be unreasonable..

I suspect a cya organization would have already run those scenarios, though.

 

[TexanMark]

Agree. However, didn't the initial neglect cause you monetarily, as well? Travel expense to Michigan, etc...being forced to pick up your whole life and move, additional expense...and would be found by some to be unreasonable..

I suspect a cya organization would have already run those scenarios, though.

Not a lawyer but this is perfect for small claims court

I want to hear Judge Judy berate SU and Dr. Tucker.

 

[HtownOrange]

Agree. However, didn't the initial neglect cause you monetarily, as well? Travel expense to Michigan, etc...being forced to pick up your whole life and move, additional expense...and would be found by some to be unreasonable..

I suspect a cya organization would have already run those scenarios, though.

SU offered to continue Steven's scholarship, though it would not count against the NCAA football limit. It is likely that a court would rule changing schools was a preference by Steven and not compensable. Education is what SU offered. Football was what Steven offered in exchange.

As to the cause of the initial injury, assuming Bcubs facts (there is nothing contrary in public to this point), the SU medical and/or training staff issued a knee brace that was too small for Steven. This brace caused a blood clot. If a future blood clot, or other injury, can be directly related to the small brace, then Steven could have a cause of action.

Ex. 1: Steven has/had a reaction to anti-clotting medication, this could be causally related.

Ex. 2: Steven gets a blood clot from travelling on planes. This likely to not be causally related.

This is an oversimplification of law and is not legal advice. Obviously, each jurisdiction is different and a specific set of facts can only be legally analyzed by an attorney in the specific jurisdiction in which an incident occurs.

 

[IthacaMatt]

We were told by an attorney that we wouldn't win a medical malpractice suit because there was no quantifiable damage.

Well, there could be damages in terms of your son's lost football career, but a judge would probably say any damage estimate would be too speculative. He is still able to complete his degree at SU, so I can see how a lawyer would say that. Suing someone takes a piece out of you, and it goes on for much longer than most people anticipate. A lawsuit has a life of its own, once it gets started. Sometimes it's better to just move on. It sounds like your son has his plans in place, now that this has come about. So long as he feels good about it, it's better for you all to move on and stay positive about life. Being in a lawsuit keeps you in an angry place and it eats at you.