Former New England Patriots defensive back Tebucky Jones has filed a medical malpractice lawsuit claiming Patriots team doctors, and another doctor failed to diagnose his career-ending 2006 preseason knee injury, effectively ruining his pro career.
Jones’ malpractice lawyers can expect a prompt motion for summary judgment claiming the players’ collective bargaining agreement with the NFL requires that these claims be subject to arbitration and, oh by the way, the statute of limitations for claims against a team under the CBA is 90 days.
I won this exact motion in a medical malpractice case against the New England Patriots. The Patriots settled after we won the motion. But the facts of my case were different because the team waited an incredible two years to file the motion claiming the CBA defeated Plaintiff’s claim. The judge seemed to rely upon this waiver argument in her ruling.
The doctors sued have not filed an answer. But I will bet you their lawyer will be William J. Dailey Jr. who is a good guy and a very good medical malpractice lawyer.