Lil38:
Thanks, from me and all the other divers that just didn't realize this problem! I absolutely love ScubaBoard...
How would you like to be the parents of this kid?
Case: Lewis v. U.S., 03-1655
Supreme Court:
http://www.supremecourtus.gov/
The Associated Press
Monday, November 8, 2004: 10:43 AM
"The Supreme Court refused Monday to consider whether the US Coast Guard can be sued for providing questionable emergency care to an injured Florida diver who later became paralyzed.
Federal law does not require the Coast Guard to rescue scuba divers, since they voluntarily accept the risks of deep-water diving. At issue is whether the Coast Guard can be held liable for administering inadequate aid once it agrees to provide a rescue.
The case involves Brandon Drew Lewis, who was diving off the coast of Jacksonville, FL in February, 2000, when he became unconscious due to the bends. Family members on Lewis's boat immediately notified the Coast Guard, which said it would help.
Once the Coast Guard arrived, however, it transported Lewis on its slower vessel to shore for medical help without providing any oxygen or other emergency care.
The lawsuit by his family contends Lewis could have avoided injury if the Coast Guard had either provided oxygen as is standard procedure or refused to administer aid. Since Lewis's boat was speedier, family members could have transported him to shore quicker, they say.
The Coast Guard counters that under federal law, it has broad discretion to decide whether and how it provides emergency help to ailing divers."
The case is Lewis v. U.S., 03-1655.
Lessons Learned:
1. The Coast Guard is not
obligated to come to your rescue.
2. If they do, they are not
obligated to use a helicopter. They can choose to use a boat. (Apparently in this case family members
assumed a helicopter would be dispatched...)
3. Whether they use a boat or an aircraft, they are not
obligated to provide oxygen to the stricken diver being transported. In some cases it is not available.
4. (It is worth noting that Lewis's boat did not have O2 aboard. Ergo, Lewis could not begin O2 treatment for the bends immediately, a fact which may have contributed to his subsequent paralysis.) DAN states that prognosis for recovery is directly related to how soon a diver begins O2 treatment.
5. If the dive boat has O2 aboard, this O2 may not be portable. (It may be a T tank installed against a bulkhead.) Therefore, if you want to ensure that (1) the diver can be put on O2 immediately; and (2) if the diver must be evacuated by helicopter or boat, that the O2
may be sent with the stricken diver, then...you need to bring your own O2 with you onto the dive boat.
This diver is now paralyzed, in part due to O2 not being available either on the boat or during transport. How and why aren't really as important to this diver anymore. The outcome is that he is paralyzed.
This activity can be remarkably intolerant of oversight, ignorance, or neglect.
Dive safe,
Doc