Negligence or Malpractice? Ask an Expert

by ROBERT FEELEY

Injuries and death which are the result of someone else’s action or inaction can run into a number of classifications. Personal injury cases can result from intentional or unintentional actions, and the manner in which a case is structured and filed is crucial to the outcome. This is why victims of any type of injury should consult the advice of an attorney who specializes in such cases.

There are often very sad cases where athletes are seriously injured or killed while involved in competition including football players with severe brain concussions. Head injuries which result from repeated and forceful impacts are resulting in more and more lawsuits, and while most of these cases will involve negligence claims against teams and helmet manufacturers, doctors are being scrutinized for malpractice regarding their diagnoses and treatment of players who exhibit signs of concussions.

One recent case involves former San Diego Charger Paul Oliver, reported in the Los Angeles Times:
The family of a former San Diego Chargers player who committed suicide last year blames head injuries for the death in a new lawsuit against the NFL. Filed Monday in Los Angeles County Superior Court on behalf of Paul Oliver’s wife, Chelsea, and their two sons, the lawsuit says the league misled players over the long-term consequences of concussions.

“[The] horrific and tragic death … was the direct result of the injuries, depression and emotional suffering caused by repetitive head trauma and concussion suffered as a result of playing football,” the complaint said.

After playing 57 games as a defensive back for the Chargers between 2008 and 2011, the 29-year-old Oliver shot himself in the head in front of his family in Georgia last September. At least nine active or retired NFL players, including Oliver, have killed themselves since 2010.

In April, Boston University Dr. Ann McKee diagnosed Oliver with the neurodegenerative disease chronic traumatic encephalopathy, or CTE.

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