The Washington Court of Appeals established a new legal precedent in May 2005. It held that the state of Washington’s medical malpractice standards are applicable to maritime cases brought in state court.
While this ruling expands the claims that may be brought by an injured seaman, there is much more to the story. The legal ruling arose from a wrongful death case in which the family of a Vietnamese immigrant sued his employer for wrongful death and the employer’s medical consultants for medical malpractice.
Maritime employers are required by law to offer injured employees maintenance and cure. However, there are many other remedies available for injured seamen. To ensure that an injured seamen’s rights are protected it is important to contact an experienced maritime attorney.
The case highlights the challenges faced by both immigrants and other employees in the maritime industry. These challenges are particularly pronounced when the employee speaks little or no English (as is often the case on factory trawlers which now employ many Mexicans, Filipinos and West Africans).
You may read more about the story by clicking on the following link: Employer Settles Wrongful Death Claim for $750,000…Doctors May Be Liable for Negligent Advice to Officers on Ship