Nature of the Case
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Facts
D employed P as a seaman aboard the M/V DELTA FORCE. The vessel was temporarily docked and P had been unloading a grocery delivery onto the boat when he began to feel fatigued and lightheaded. He retreated to his cabin to rest. A fellow crewmember heard a banging coming from P's cabin. The crewmember discovered P incapacitated on the cabin floor and unable to communicate. The crewmember immediately notified the captain, who quickly called 911. Acadian Ambulance Services responded and att the direction of the Louisiana Emergency Response Network (LERN), Acadian transported P to Teche Regional Medical Center (TRMC). D did not instruct Acadian nor hire, authorize, or otherwise contract with TRMC to administer medical care to its seamen. The Acadian paramedics suspected that P was suffering from a stroke, the TRMC physicians failed to diagnose his condition as such. The TRMC physicians diagnosed P with a brain mass and transferred him to another hospital for further treatment. P's medical expert testified that TRMC's physicians could have 'easily' diagnosed the stroke if they had administered a CT scan with contrast. TRMC did not administer 'tissue plasminogen activator,' a medication that could have improved P's post-stroke recovery. To be effective, the medication must be administered within three hours of the stroke. By the time P's stroke was correctly diagnosed, it was too late for the medication to be effective. P is permanently disabled because of the stroke and needs constant custodial care. P sued D arguing that D negligently failed to provide prompt and adequate medical care; provided an unseaworthy vessel; and failed to provide maintenance-and-cure benefits. D's motion for partial summary judgment on the negligence and unseaworthiness claims was granted. P appealed.
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