CBA medical second opinion, etc. (Eichel)

Djp

Registered User
Jul 28, 2012
23,802
5,619
Alexandria, VA
Eichel's inner circle of family and advisors are based in Boston. His Mom is a longtime nurse in a Boston hospital.

Boston is a world-class medical hub, Buffalo is not. That is the primary issue with the family.

https://health.usnews.com/best-hospitals/area/boston-ma

https://health.usnews.com/best-hospitals/area/buffalo-ny

try again....

Roswell is a top cancer care institute. SUNY Buffalo medical school is on the op lists.

is Boston a spinal specialty care area? No it is not.
 
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Djp

Registered User
Jul 28, 2012
23,802
5,619
Alexandria, VA
The issue is what medical advice was Eichel given for surgery? Is this cutting edge snd unproven vs standard procedure done?

the issue becomes a contract liability and contract insurance question.

if he does thus surgery and it’s a failure making it worse snd he can’t play again does buffalo still pay him? Does contract insurance cover it?
 

Fenway

HF Bookie and Bruins Historian
Sponsor
Sep 26, 2007
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Cambridge, MA
try again....

Roswell is a top cancer care institute. SUNY Buffalo medical school is on the op lists.

is Boston a spinal specialty care area? No it is not.

The issue is the family wants it done their way.
 

Mickey Marner

Registered User
Jul 9, 2014
19,215
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Dystopia
Realistically, what can Buffalo do about it? Threaten to sue him? They obviously won't void his contract and he's clearly wealthy enough to go outside of insurance.
 

LadyStanley

Registered User
Sep 22, 2004
105,522
18,667
Sin City
Having a medical procedure done against team wishes could result in arbitration and more. Even up to cancelling contract.

Team wants to go conservative. Player wants to go experimental (procedure has not been done on hockey player; one mixed martial arts person experience).

I don't think the Pegulas are that progressive. May take a lot more conversation and convincing to go for procedure.
 

LeHab

Registered User
Aug 31, 2005
15,956
6,259
Realistically, what can Buffalo do about it? Threaten to sue him? They obviously won't void his contract and he's clearly wealthy enough to go outside of insurance.

If both parties can't agree on the right way to proceed, next step seems to be NHL/NHLPA Joint Health and Safety ("Joint H & S") Committee for potential resolution:

34.1 Quality of Care.
(a) Standard. Each Club shall provide its Players with high quality health care
appropriate to their needs as elite professional hockey players, including access to health care
professionals, in accordance with the requirements set forth in this Article.
(b) Allegiance. The primary professional duty of all individual health care
professionals, such as team physicians, certified athletic trainers/therapists ("ATs"), physical
therapists, chiropractors, dentists and neuropsychologists, shall be to the Player-patient
regardless of the fact that he/she or his/her hospital, clinic, or medical group is retained by such
Club to diagnose and treat Players. In addition, all team physicians who are examining and
evaluating a Player pursuant to the Pre-Participation Medical Evaluation (either pre-season
and/or in-season), the annual exit examination, or who are making a determination regarding a
Player's fitness or unfitness to play during the season or otherwise, shall be obligated to perform
complete and objective examinations and evaluations and shall do so on behalf of the Club,
subject to all professional and legal obligations vis-a-vis the Player-patient.
(c) Any disputes concerning compliance with Section 34.1 shall be referred
exclusively to the NHL/NHLPA Joint Health and Safety ("Joint H & S") Committee for
discussion and potential resolution, and not to the Impartial Arbitrator.

[edit]

Reading CBA a little more, both parties may also opt for a Third Physician Expert to solve a dispute:

(d) Following issuance of a Second Medical Opinion, the team physician will consult
with the Second Medical Opinion Physician (or the Other Physician) and the Player.
(i) In the event no consensus on diagnosis and/or course of treatment is
reached, the team physician and the Second Medical Opinion Physician
(or the Other Physician) may (but are not required to) agree to send the
Player to a qualified third physician expert ("Third Physician Expert") in
the appropriate medical specialty who may assist in resolving the dispute
between the team physician and the Second Medical Opinion Physician
(or Other Physician) as to the diagnosis and/or appropriate course of
treatment, subject to the consent of the Player (to agree to see a Third
Physician Expert, not regarding the identity of the Third Physician
Expert).
(ii) If the Player consents pursuant to subsection (i) above, the Club shall
provide such Third Physician Expert with all relevant Medical Information
regarding the Player, including the records of the Second Medical Opinion
Physician (or Other Physician), with a copy to the Player, and the Player
shall submit himself to examination by the Third Physician Expert, who
shall make a recommendation on diagnosis and/or course of treatment.
(iii) Following such examination by the Third Physician Expert, the team
physician must be furnished promptly with a report concerning the
diagnosis or course of treatment recommended by such physician, with a
copy to the Player, and shall input such report into the AHMS.
(e) Following the later of: (i) issuance of the Second Medical Opinion; or (ii)
issuance of the recommendation on diagnosis or course of treatment by the Third Physician
Expert, if any, the team physician shall determine the diagnosis and/or course of treatment
(including the timing thereof) after consulting with the Second Medical Opinion Physician and
the Third Physician Expert, if any, and giving due consideration to his/her/their
recommendation(s).
 
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