Should Kennedy Sue the 1st Doctor?

[zappafrank]

According the Observer,

 

Mr. Kennedy is said to be irate at the Pennsylvania doctor that misdiagnosed

his right triceps injury on 5/7. Dr. James Andrews determined that the

injury was a severe hematoma, and not a muscle tear on 5/9. Had they known

that injury wasn't as serious as it was first thought to be, he probably

would have gutted it out because the original plan called for him to win the

title at the 5/8 SmackDown taping. Also, the Money in the Bank gimmick is

over because he already cashed it in. The working idea is for Kennedy to

return to action around the first week of July.

 

 

Does anyone think that Kennedy has a shot at a malpractice suit here? One could argue lost wages (i.e., PPV pay-offs, increased pay b/c of being champ, etc), and so on and so forth, not to mention quite possibly Kennedy being subjected to unnecessary surgery.

[Lil' Bitch]

Yeah, it was probably a bad call, but then again wrestlers have that habit of toughing out injuries when they really shouldn't. I wouldn't be surprised if Kennedy took legal action.

[2GOLD]

Damn, talk about a serious mess up that cost Kennedy huge. Now he'll be back incredibly early with really nothing to do since he cannot immediately feud with Edge.

[AntiLeaf33]

Probably wouldn't sue the guy, might have been too much swelling originally to really tell the extent of it.

 

Also, this is the type of topic that should be discussed in the "Comments which don't warrant a thread" thread

[Prophet of Mike Zagurski]

First of all, this is why people get second opinions when it comes to anything with the body.

Secondly, Mr. Kennedy wouldn't have lost his shot at the title if the Undertaker hadn't gotten injured.

I don't think he has a shot of winning a lawsuit based misdiagnoses a non-life threatening condition.

[MarvinisaLunatic]

So..wait..Kennedy wasnt gonna wait til WM 24?

 

That would have been even worse. He would have probably lost it to Batista last night..

 

I wonder if the Doc in PA has the last name of Copeland...

[qdes]

Haha, only in America is suing even an option in a case like this.

[Enigma]

Probably wouldn't sue the guy, might have been too much swelling originally to really tell the extent of it.

 

Also, this is the type of topic that should be discussed in the "Comments which don't warrant a thread" thread

It sure didn't take long for the OMG THIS SO DOESN'T WARRANT A THREAD trolls to pop out.

[cabbageboy]

He has no chance of winning such a suit in my view. See, if the doctor told him "Oh, you're not that badly hurt....you can return in 6 weeks" and then it turns out to be a total tear and he further hurts himself, then it's a complete misdiagnosis. What's he going to sue over, the doc telling him to take MORE time than required to heal?

 

Further, given WWE's constant backstage turmoil there's no way to 100% prove that Kennedy was getting the belt or even would have held it for more than a couple of weeks.

[zappafrank]

He has no chance of winning such a suit in my view. See, if the doctor told him "Oh, you're not that badly hurt....you can return in 6 weeks" and then it turns out to be a total tear and he further hurts himself, then it's a complete misdiagnosis. What's he going to sue over, the doc telling him to take MORE time than required to heal?

 

Further, given WWE's constant backstage turmoil there's no way to 100% prove that Kennedy was getting the belt or even would have held it for more than a couple of weeks.

 

 

True, but what I gues the bigger issue of a potential misdiagnosis would be if for whatever reason Kennedy had the surgery and they got in and realized there was nothing to fix. Any surgery, however "minor," is still a big deal and puts anyone at risk. And let's not forget what would be the unneccesary cost associated with having the unneccesary surgery.

[thecitythesky]

He has no chance of winning such a suit in my view. See, if the doctor told him "Oh, you're not that badly hurt....you can return in 6 weeks" and then it turns out to be a total tear and he further hurts himself, then it's a complete misdiagnosis. What's he going to sue over, the doc telling him to take MORE time than required to heal?

 

Further, given WWE's constant backstage turmoil there's no way to 100% prove that Kennedy was getting the belt or even would have held it for more than a couple of weeks.

 

 

True, but what I gues the bigger issue of a potential misdiagnosis would be if for whatever reason Kennedy had the surgery and they got in and realized there was nothing to fix. Any surgery, however "minor," is still a big deal and puts anyone at risk. And let's not forget what would be the unneccesary cost associated with having the unneccesary surgery.

*

 

Exactly. And besides, we're talking about more than a misdiagnosis; it's an issue of cutting somebody open - which, even if there's nothing to fix - is still going to lengthen the return time.

 

Had the first diagnosis been the correct one he wouldn't've even taken time away. He could've won the title and been given minimaly intense TV appearences to give him a bit of a rest. HHH worked through similar problems with the quad after the tear just fine.