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морской юрист

Medical aid to the seafarers

In my substantial practice on legal aid to the seafarers, the special place take the cases when for one or another reason the seafarers didn’t get any medical aid aboard or vice versa had got it too late, which led to some serious consequences.

Unfortunately, I have to state the fact that not all the ship owners are eager to provide medical aid to the seafarers in time, notwithstanding the fact that it’s their direct duty and moreover it is prescribed almost in every employment contract and even in every collective agreement of each trade union.

I don’t want to go deep into the theory and normative base, I don’t think it would be interesting for the seafarers themselves. I’d better stop on some cases from my practice, when medical aid provided not exactly in time led to some gruesome consequences.

The case of harmful food

For about 5-6 years ago we have conducted a seafarer’s and, further on, his family’s case concerning the deterioration of his health during the contract period, and who didn’t get decent medical aid. Why wasn’t it provided? Because the complains of the crew member were not taken seriously. As a consequence – death in a year after signing off.

The Ukrainian seafarer was employed aboard with the mixed crew, and to be exact, he was the only one Ukrainian among the Filipinos and Indians. The nature of his illness was the pancreas, which was unable to cope with a national cuisine aboard. The food was too hot and spicy for him. The first signs were stomach ache, indigestion, vomiting with blood. It was considered to be a poisoning and was treated with one pill. After this, he felt worse and worse and in few months of work in such a bad state the seafarer was brought to the hospital where he finally received his first medical aid. And after that, repatriation and treatment on Motherland. But this time he was treated not of poisoning but had treatment of pancreas, which almost didn’t function by that time. And as a result – the seafarer’s death in a year after signing off.

The case of infection

The case of 2014. The seafarer from Mariupol has caught a virus being aboard, and as it cleared out later on- infection. Medical aid provided to the seafarer in the form of some medicines for cold and grip. During 2 months the seafarer couldn’t be signed off, and as a result – he has been delivered to Borispol clinics in the wheel-chair with a diagnosis: infectious blood poisoning. In three days the seafarer has died.

Malaria

These are, probably, the most frequent cases in my practice. And I’d rather said you’re lucky to stay alive. The statistics is disappointing. There were just few cases in my practice when the seafarers managed to stay alive. In the majority of cases the medical aid turns out to be wrong because of the wrong diagnosis. Besides, most of the seafarers die of malaria being already at home, at their Motherland not realizing what’s wrong with them.

I have described just a few episodes from my cases, where the medical aid wasn’t provided at all or was provided but completely wrong. Just believe me, there are dozens of such cases. They were, they are now and, sure, will be in future. Unfortunately, it’s the fact. I didn’t go into the details because I have already mentioned in my blogs such cases (insult and not duly provided medical aid), which I have already closed or carry on now. The present article has the other message: pay attention to your health being aboard the vessel during your contract period.

As a practicing marine lawyer I can give you the following advice.

Don’t hesitate to apply to the master if you have some problems with your health during your contract period. It can save your life in future. Don’t hesitate to insist on the medical examination in the nearest harbor, as it can allow your close people to see you again.

Take care!

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