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Lam v. Global Medical Systems5/23/2005
Cuong Dang was a seaman employed on a fishing trawler. While the vessel was in the Bering Sea, Dang became ill. Ships' officers consulted physicians in Seattle for medical advice. Dang died aboard the trawler, and his widow brought this wrongful death action alleging medical negligence against the physicians and their employer, Global Medical Systems.
In this case of first impression in Washington, the principal issue is the appropriate standard of care for a medical negligence claim asserted under the Death on the High Seas Act (DOHSA). We hold that the physicians and their employer owed a duty of care to Dang and that Washington law supplies the appropriate standard of care. Because an issue of material fact exists as to whether this duty was breached, we reverse.
BACKGROUND
Global Medical Systems (GMS) is a Washington corporation which contracted with American Seafoods Company (ASC) to provide medical consultation services to ASC vessels. In late January 2001, Cuong Dang, a 37-year-old fish processor, was working aboard the Northern Eagle, an ASC factory trawler operating in the Bering Sea. He became ill. Because there was no physician on board, the ship's purser and designated medical officer, LeeAnn Duncan, telephoned GMS for advice.
Duncan first contacted GMS on January 31 to report Dang's symptoms and seek advice. Duncan then called GMS physicians Dale Gowan and Raymond Jarris three times on February 1, reporting Dang's worsening condition and requesting treatment recommendations. During the first call of that day, Dr. Gowan recommended against evacuation on the grounds Dang's condition did not warrant the expense of diverting the ship. In the early evening, when Duncan called again to report that Dang was incoherent, combative and disoriented, Dr. Gowan recommended Valium. Four hours later, Duncan reported to Dr. Jarris that she could not awaken Dang. Dr. Jarris told Duncan to continue the Valium to 'keep {Dang} mellow' and that Dang was feigning unresponsiveness. When Duncan said that the ship would be diverting to St. Paul's to evacuate Dang, Dr. Jarris recommended Dang be turned over to the police, in the belief that Dang was psychotic.
The following morning, the ship's captain called Dr. Jarris to report that Dang had suffered respiratory arrest and that 20 minutes of CPR had not resuscitated him. Dr. Jarris recommended ceasing CPR. Cuong Dang died at approximately 9.30 a.m. on February 2, 2001.
An autopsy revealed that Dang died from diabetic ketoacidosis, a complication related to diabetes type I. On board the Northern Eagle was a test to indicate the possibility of diabetes, and the means for preliminary treatment of ketoacidosis. United States Coast Guard services were available to evacuate Dang to a medical facility had they been requested. Khung Thi Lam, Dang's wife, filed this action against GMS and Drs. Gowan and Jarris, claiming wrongful death and medical negligence. GMS moved for summary judgment on grounds that DOHSA preempted state wrongful death or survival causes of action or, in the alternative, limited claims to the beneficiaries' pecuniary losses, and that the doctors owed no duty of care to Dang. Lam argued that DOHSA did not apply. The trial court granted GMS' motion without comment on March 18, 2004, and dismissed the complaint with prejudice. Lam appeals. We apply the usual standard of review for summary judgments.
DISCUSSION
Death on the High Seas Act. Congress enacted the Death on the High Seas Act in 1920, creating an action for wrongful death occurring on the high seas:
{W}henever the death of a person shall be caused by wrongful act, neglect, or def
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