Pincay to sue over treatment after accident, says his lawyer

[WINMANWIN]

Pincay to sue over treatment after accident, says his lawyer
By JAY PRIVMAN
Jockey Laffit Pincay Jr. will file a lawsuit early this week in California state Superior Court in Los Angeles alleging that negligent care in the aftermath of an accident at Santa Anita on March 1 forced him to retire prematurely from riding, according to his attorney, Neil Papiano.
Papiano said that Santa Anita, an ambulance service used by the track, a physician employed by the track, and the physician's assistant all are named in the suit.

Pincay, 56, is the world's winningest rider with 9,530 victories. He announced his retirement in April, seven weeks after being injured in an accident on Santa Anita's hillside turf course on March 1.

According to Papiano, mistakes were made at several junctures in Pincay's care immediately following the accident. "The whole thing is unbelievable, top to bottom," Papiano said.

Papiano said that Huntington Ambulance, which has been employed by Southern California racetracks for decades, did not immobilize Pincay's neck after the accident.

"They did immobilize Julie Krone's neck a week later when she got hurt, and she's doing pretty well now," Papiano said.

Papiano said Pincay was brought to the track's first aid station instead of being taken to the hospital. Once there, according to Papiano, Angel Delgadillo - an assistant to Dr. Melvin Coates, who was not on duty at the time - treated Pincay. Delgadillo, according to Papiano, "moved Laffit's head, forward and back, said it looked okay, told him to take some pills and go home."

Santa Anita is in the lawsuit "for employing these people," Papiano said.

Pincay spent the next two days "trying to loosen up," according to Papiano, who said Pincay jogged and had a massage. Pincay was scheduled to return to action a few days later, but when the pain persisted, according to Papiano, Pincay went to Huntington Memorial Hospital near his home in Pasadena for X-rays.

"They took X-rays, then told him, 'Don't move from that chair,' " Papiano said. "The injury was to his C-2, which is what they call a 'hangman's fracture.' He was hanging by a thread. If he wasn't so damn strong, he could have died at any moment."

According to Papiano, that was the first time X-rays were taken of Pincay's neck following the accident.

Pincay was then outfitted with a halo, which immobilized his head and neck. He wore the halo for nearly two months.

"If they had put the halo on him right away, he could have been like Julie Krone, back riding," Papiano said. "You can't go that long hanging by a thread."

Santa Anita officials were not available to comment on the lawsuit, but the track has a policy of not commenting on pending litigation.

Papiano is considered one of the most powerful attorneys in Los Angeles. Because of his involvement as a horse owner, and his lifelong interest in racing, he has represented a number of racing personalities over the years. A decade ago, Papiano represented Bill Shoemaker in various lawsuits following a car accident that resulted in Shoemaker's being paralyzed.

[shanta]

I.M.H.O. THE GREATEST JOCK OF ALL TIME! A TRULY AMAZING ATHLETE. SAW HIM ONCE WHEN HE CAME TO RIDE AT BELMONT. HE WAS WALKING PAST ME AND LOOKED HARD AS A ROCK AND WAS IN HIS LATE 40'S . HOPE HE IS DOING OK. GREAT READ WINMAN

[Kentucky Bred]

Pincay has a very tough road here. Hunington has been around forever and has a good reputation. They will fight this to the end.

Kentucky Bred

[so.cal.fan]

We are personally disappointed at this decision by Pincay.

[JustMissed]

Wouldn't you think an experienced jockey(or his agent) would have enough sense not to take the advice of a track employee-and would have gone directly to the hospital and seen his personal bone doctor?

JustMissed

[Pace Cap'n]

Originally posted by JustMissed
Wouldn't you think an experienced jockey(or his agent) would have enough sense not to take the advice of a track employee-and would have gone directly to the hospital and seen his personal bone doctor?

JustMissed

I would imagine it would take a supreme optimist to even climb on the back of one of these galloping steeds. Even after a fall, they remain optimistic for their next ride.

If a medical person tells them just what they want to hear, without a thorough check-up, then that person bears some responsibility for any consquences. When his recovery did not go as originally diagnosed, he did, indeed, seek another opinion.

Santa Anita has benefitted from LP's presence over the years, as he would have been successful anywhere. The least they owed him was the best of care.

[Bruddah]

If an individual is not incapacitated and unable to communicate intelligently, then they are responsible for seeking out medical services. He admits he felt well enough to jog for a few days. Supposedly to loosen up. If he was able to understand the advice given and felt well enough to exercise days afterward, I don't see where he has a legitimate complaint. Anyway, he is lucky I am not on the jury. People need to start accepting blame when it falls back on their own negligence. Litigation has gotten out of control in matters like this. (JMHO)

[Storm Cadet]

This is a VERY tough medical malpractice case to figure out.

1st: Does Huntington Ambulance have a written policy regarding the transpotation of injured athletes back to the jockey room?

2nd. Do they have a written procedure in cervicle injuries to spine board and immobolize the athlete?

3rd. Does the track have a written policy on the medical level of care provided to the jockeys on race day? (MD, PA, ATC, DO, DC?)

4. If it was MD, why was a PA only there to examine athlete? And was this PA trained in emergency or othopedic care? Or in another medical field?

5. The PA examined his neck, but reports were only a cursory exam, not a full cervical examination with a referral to an orthopedist for followup. He was told by the PA, everything looked OK. That's not a call a PA can make.

The sorry thing is, that's the shabby treatment that ALL JOCKEYS get a major tracks. Since they are private contractors and not employees of the racing association, that's the way they are treated. And that goes for NYRA. I've tried to get a medical team (orthopedist, primary care, athletic trainer, therapist, nutritionist) there on a daily basis to take care of the jockey group there for 4 years, only to be told each year that NYRA has no interest in this. Jerry Baily and Pat Day spoke to my group and welcomed this at Belmont, Toga and the Big A, but Barry Schwartz keeps rebuffing him saying that the jockey UNION should pay for this expense, not NYRA. They only use my guys if there is a major fracture (Jean Luc Samyn-we did his surgery after his Saratoga injury)

It's all about $$$$$$:mad:

[Pace Cap'n]

In his career, Pincay has probably ridden what, 80-90,000 horses? He had most likely fallen off a time or two prior to his last ride.

If he were just looking to file a lawsuit, would he have waited as long as he did?

I, too, disagree with frivolous claims. While all the facts are not available, what has been presented seems to have some merit.

Storm Cadet:

A noble cause. Keep after them. NFL games are routinely held up 20 minutes or more to assess and transport an injured player. If tracks did that, the attendants would likely be run over by the thundering herd from the next race.

[sq764]

This is one of the reasons medical care is so ridiculously expensive..

These doctors and hospitals have to pay such horrendously high malpractice premiums and we have to pick up the tab..

[sq764]

This is one of the reasons medical care is so ridiculously expensive..

These doctors and hospitals have to pay such horrendously high malpractice premiums and we have to pick up the tab..

[Kentucky Bred]

You can say that again! (LOL)

Storm Cadet, really well thought out post.

Kentucky Bred

[WINMANWIN]

Appears like an out of court settlement is upcoming down the road, And a Lifetime Job If Pincay wants one with Hollywood
and Santa Anita. Mccarron got a gravy position, I would think
Pincay could choose is position now, and settle out of court :eek:

[superfecta]

What is it with people nowadays?!.If there is any possibility of fault (or not ) go get a lawyer.He had plenty of opportunity to get the proper medical attention,but since he took the advice of Dr. Iaintnodoctorbutiactlikeone.Its Santa Anitas fault:rolleyes: There was no reason he couldn't go get a second opinion,from say,a REAL doctor....and then hiring a ambulance chaser that represented a drunk that crippled himself.Great move Laffy.....you're better than that......

[BillW]

The real question is: Did Pincay approach a lawyer first with a legitimate complaint or did a lawyer see an opportunity and talk Pincay into playing the lotto?

I often get the impression that Lawyers are making the first moves when these cases come up.

Bill

[WINMANWIN]

Seems like Pincay has One of the best Calif ATTY'S on his side.
If an Atty feels he can make a case, and it appears they may,
comparing it to Krone's injury and other factors, WHY not ???
If it does get to court, which I doubt, The system may consider how many more years or mths Pincay would ride, and how much LOST INCOME he may have encountered. I'm no Atty, but this is my thinking on it. :confused:

[VetScratch]

Public concern seems to focus on small populations of high profile benefactors like jockeys, NFL players, NASCAR drivers, etc.

Until taxpayers are willing to subsidize top flight medical care for the millions of faceless Americans who receive shoddier treatment than Pincay, I think we are foolish to help further escalate medical costs by allowing the Jockey Guild, the NFL, or NASCAR to tax us via increases to takeout or admission prices.

At the Subway shop down the street, a trio of grandmothers make the hoagies because they have family members who need ongoing help with medical expenses that would be considered trivial compared to what jockeys, football players, and racecar drivers expect the public to indirectly subsidize.

While many jockeys scratch out a living, so do millions of other workers who risk injury in environments where medical support falls short of what was available to Pincay. I have seen many jockeys routinely reject good medical advice because "riding hurt" comes with the territory. I can certainly imagine a conversation between Pincay and a PA where Pincay elicited the cursory diagnosis that he wanted to hear. This happens all the time in real life situations.

Since the track MD was not available, I doubt that anyone present had the clout to order Pincay to the hospital if he didn't want to go. It will be interesting to see how the lawsuit turns out.

There are jockeys riding every day who couldn't pass the physical exam to become an airline steward or stewardess.

[socantra]

Originally posted by VetScratch

Since the track MD was not available, I doubt that anyone present had the clout to order Pincay to the hospital if he didn't want to go. It will be interesting to see how the lawsuit turns out.


The Reuters story I read indicated that Pincay didn't necessarily know this was a PA instead of an MD. He was dressed in a white coat and everyone referred to him as "Doctor". Also kind of curious why the real doctor who supposedly was on duty was not available.

Pincay was thrown over the neck of the horse, and the horse rolled over on him after being clipped and falling. After laying there for a while, Pincay was able to get up, then had to walk to the First Aid stand where a medic jerked his neck around and told him he was fine.

Just what does it take to rouse the crackerjack medical team at Santa Anita. Julie Crone??? or maybe a nice multi million dollar lawsuit.


socantra............

[VetScratch]

If the facts reveal the PA was passed of as an MD, the Pincay should win.