INJECTION INJURIES: TYROD TAYLOR’S UNFORTUNATE EXPERIENCE
As you may know, L.A. Chargers quarterback Tyrod Taylor suffered a punctured lung last month when the team physician administered some type of injection into his ribs. After suffering a cracked rib the week prior, the injection was given just before the start of the Charger’s 09/20/2020 game against the Kansas City Chiefs. Because of the punctured lung, Taylor was taken to the hospital and rookie quarterback Justin Herbert got the start. (https://www.espn.com/nfl/story/_/id/29952469/chargers-qb-tyrod-taylor-lung-punctured-team-doc-sources-say)
The incident reminds me of some of the medical malpractice cases my office has handled over the years. Generally speaking, injections are not supposed to cause injuries, including punctured lungs. Medical experts will tell you there are variety of factors involved in determining whether puncturing a lung constitutes medical malpractice, which means that the administration of the injection fell below the standard of care for medical practitioners in the community. In past cases, these factors have included particulars such as the length of the needle used for the injection, the body mass and physical make-up of the patient, the location of the injection, whether the practitioner had previously administered those injections to that patient, as well as whether the injection was reasonably necessary.
In addition to considering whether malpractice occurred, the nature and extent of damages caused by the punctured lung must be evaluated. Many times, a punctured lung is able to heal on its own and minimal treatment is required. The time frame for recovery will vary for each patient. This means that pain and suffering, or general damages, might be on the lower end. Lost time from work, or lost earnings or earnings capacity, might also be low if the recovery time is short. For poor Mr. Taylor, it would appear that he may have in fact lost his starting position, but whether there is any long term financial harm that will result remains to be seen. (https://www.boltsfromtheblue.com/2020/10/19/21523103/chargers-news-nfl-nflpa-tyrod-taylor-injury)
Of course, Mr. Taylor’s situation is not like that of most patients, and the considerations being undertaken about any recourse he has will be different that most people. It is important for anyone who has suffered an injection injury to consult with an experienced and qualified attorney to get specific insight and guidance regarding their personal situation.
