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Jones Act

    10/7/2008
    David Willis
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    Jones Act Employer Negligent for Lack of Medical Treatment


    In the case of Edmundo R. Stiward v. United States of America, the United States District Court for the Eastern District of Louisiana found that in an action against the United States under the Suits and Admiralty Act, 46 U.S.C.S. §30903, the vessel was unseaworthy and the employer responsible under the Jones Act because it failed to carry insulin to treat the seaman’s diabetes.  In this case the seaman proved that the United States of negligent as the operator of the vessel, because it failed to provide him with medical assistance over the course of a week after he developed acute diabetes.  As a result, the seaman had to be evacuated by a helicopter and developed lift threatening injuries resulting in the amputation of a portion of his feet. 

    Jones Act Employer Negligent for Failure to Keep Medical Supplies

    The Court found that the vessel operators and the crew were negligent under the Jones Act for breaching the duty of care by failing to stock insulin and to medically train the Third Mate.  The Third Mate failed to inform and consult with the ship’s captain about the seaman’s medical decline until it was too late to avoid the amputations.  This case illustrates two important points for seaman working on transocean vessels.  First, it is important to immediately inform the captain and the medical officer of any chronic disease or conditions which the seaman has when signing on to a vessel so that the captain and the medical officers know of your condition and how to treat it properly. 

    Additionally, this case illustrates that the seaman must keep the medical officer and the captain, if the medical officer is not responsive, to any condition or injury which the seaman is suffering from so that medical attention can be rendered to the seaman quickly.  If the condition is not treatable onboard the vessel the seaman must demand that the medical officer and/or the captain seek additional medical treatment either by way of consultation with a land-based physician and/or transport to a medical facility even if evacuation is necessary. 
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