MEDICAL MALPRACTICE AND PERSONAL INJURY LAW BLOG

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Former New Orleans Saint File Malpractice Claim Against Team Doctor

Football players, from the time they play in high school, through college, and onto the National Football League (NFL), rely on the team to evaluate and treat their injuries. In the NFL, team doctors check on player injuries during the game and provide treatment to keep the player healthy. Unfortunately, many NFL players receive substandard care that can lead to permanent damage because they relied on the team to keep them healthy. 

New Orleans Saints Cornerback Leg Injury

Delvin Breaux played in the cornerback position for the New Orleans Saints from 2015 to 2017. In his first game with the Saints, Breaux made a big contribution by recovering a fumble against the Arizona Cardinals. By the end of his first year, he was voted the defensive MVP by Saints’ fans. 

In his second season, Breaux suffered a broken fibula and was out for the next six games. In 2017, Breaux suffered another injury on the same leg. When Saints’ medical staff looked at the leg injury, they diagnosed Breaux with a leg contusion. However, after there was no significant progress, a follow-up evaluation found the fibula to be fractured. 

The Saints fired the doctors involved in the misdiagnosis but it caused complications for Breaux, who was eventually let go from the Saints, spelling the end to his promising NFL career. 

Medical Malpractice Lawsuit Against Team Doctors

Breaux has filed a medical malpractice lawsuit against the two doctors involved in his misdiagnosis in 2017. Dr. Deryk Jones and Dr. Misty Suri, and their employer, are alleged to have failed to meet the acceptable standard of care in treating Breaux

After an X-ray and MRI of the player’s leg, the two doctors concluded Breaux had a bone contusion. Based on the diagnosis, Breaux continued a strenuous training program but his leg continued to cause serious pain a week later. After the doctors continued to stand by their contusion diagnosis, Breaux finally sought a second opinion. The new doctor informed him that he had a fractured fibula and required surgery. 

When Breaux was playing with the Saints, he had a 3-year deal worth $1.6 million. After leaving with the injury and recovering from the surgery, Breaux went to play in the Canadian Football League with the Hamilton Tiger-Cats for an estimated $200,000 salary. As part of the lawsuit, Breaux is seeking damages from loss of income, loss of earning potential, medical treatment, and future medical care. 

Philadelphia Eagles Player Malpractice Lawsuit

A couple of years ago, we also wrote about a former Eagle who filed a malpractice claim against doctors after a surgical error. Defensive tackle Shariff Floyd was left unable to return to the NFL after a 2016 surgical procedure to his knee. Floyd claimed he was told that he was going in for a routine examination which turned out to be a knee operation. Floyd claimed he did not consent to the “cartilage regrowth procedure,” which was not successful. 

Relying on the Care of Others

It is unfortunate that the people who are supposed to be concerned about our well-being do not protect us against medical negligence. NFL players expect the team doctors to do what is best for the patient but the player may be left suffering an injury and the team turns the other way, leaving them to deal with the injury on their own. 

If you received negligent care after a sports injury or had a misdiagnosis that caused greater injury and harm, talk to the experienced team at Gilman & Bedigian. Contact us today for a free consultation.

About the Author

Briggs Bedigian
Briggs Bedigian

H. Briggs Bedigian (“Briggs”) is a founding partner of Gilman & Bedigian, LLC.  Prior to forming Gilman & Bedigian, LLC, Briggs was a partner at Wais, Vogelstein and Bedigian, LLC, where he was the head of the firm’s litigation practice.  Briggs’ legal practice is focused on representing clients involved in medical malpractice and catastrophic personal injury cases. 

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