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The Chargers team doctor who is in charge of treating Justin Herbert’s rib injury is being sued for medical malpractice. Former L.A. quarterback Tyrod Taylor is seeking at least $5 million in the lawsuit, according to Chris Mortensen and Adam Schefter.
Herbert, who was banged up pretty badly in the Thursday Night Football loss to the Chiefs, went for an MRI after the game with what appeared to be a rib injury. Sure enough, he was diagnosed with a ‘fracture’ to his rib cartilage and will be listed as day-to-day.
According to Dr. David Chao, Herbert may be “ok,” but the rib cartilage injury will not heal overnight.
Meanwhile, he will be in the care of team doctor David S. Gazzaniga. However, Gazzaniga and the Newport Orthopedic Institute that he runs are currently facing a very costly lawsuit for malpractice.
Prior to the Chargers’ game against the Chiefs in September of 2020, Taylor suffered a punctured lung. Gazzaniga attempted to administer a pain-killing injection to the quarterback’s fractured ribs and hit his lung in the process.
Taylor, who was named the starter over Herbert prior to the season, was ruled out for the game and missed significant time. In turn, Herbert took over and never gave the job back.
Tyrod Taylor is suing the Chargers team doctor who improperly administered the injection.
Taylor, who is currently on the Giants, alleges in the lawsuit that he suffered “severe physical pain resulting in hospitalization, physical therapy, emotional distress and other past pain and suffering.”
In addition, the 33-year-old’s attorneys claim that Gazzaniga’s “negligence, carelessness and other tortious, unlawful and wrong acts” caused the former sixth-round pick to lose his chance to start. He was set to become a free agent after the season.
Per Schefter and Mortensen, the lawsuit bases the $5 million claim on that lack of starting role. It says the following:
“As he returned to free agency, he entered as a back-up quarterback as opposed to a starting quarterback. The economic difference between a starting quarterback’s salary and a back-up quarterback salary is at least $5,000,000 and is more than likely much greater. The exact amount of such past and future loss is unknown to [Taylor] at this time, and he will ask leave of this Court for permission to amend this Complaint to set forth the total amount when ascertained.”
Taylor’s camp also accuses Gazzaniga of medical battery. It claims that he “did not have proper and accurate informed consent prior to the anesthetic injections.”
Timing of this lawsuit makes things very interesting. Taylor is suing the Chargers team doctor for mistreatment of his rib injury in 2020. Herbert is currently dealing with a rib injury and is being treated by the Chargers team doctor.
As a result, the NFLPA and Herbert’s representatives are going to pay extra attention to how Gazzaniga handles the third-year Los Angeles quarterback’s injury. His status for next Sunday is unclear.