Monday, May 08, 2006

Note from Don Chandler, Executive Director, UHMS




To all--

In this email you will find information on the following topics:

1. Group rate for rooms at the Hilton and Grosvenor will soon expire.
2. Subject matter for the post-course about legal issues.

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1. Discounted group rate for rooms at the Hilton and Grosvenor will soon expire. You can still get the group rate discount at our host hotel, the Hilton, until May 22nd. After that there is no guarantee you can get the discount. If you are told all the blocked rooms have been booked, let Lisa know and she might be able to get the discount for you through our on-site convention manager. If you want to stay in our overflow hotel, The Grosvenor, (across the street from the Hilton) you can get our discounted group rate there only until the 19th. Keep these dates in mind if you have not already made your reservations. Please go to our website www.uhms.org and click on "Annual Meeting" from the menu on the left side of the opening page and you will get all the information you need for arranging a very enjoyable stay in Orlando during our annual meeting.

2. Subject matter for the post-course about legal issues. I have been asked what the topics will be during our post-course on the Medical-Legal Aspects of Medical Assessment for Fitness to Dive and on The Practice of Hyperbaric Medicine. Bobby Delise, our lawyer faculty member for our Fitness to Dive course plans to cover the following topics. After reading this, I think you will agree that you won't want to miss this course. Here are the topics:

MORNING SESSION

I. Introduction - Why Address Legal Issues in a Medical Assessment of Fitness to Dive Course?

II. Legal Issues in Diving Law
A. Workers' Rights and Remedies
1. Maritime Personal Injury Claims
a. The Jones Act
b. The Right to Maintenance and Cure
c. Third Party Claims - Claims by the maritime worker against non-employers
d. Defenses Available to Employers and Non-employers
2. Non-maritime Worker's Personal Injury Claims
a. Causes or action - Negligence and Products Liability
b. Defenses Available
B. Recreational and Technical Divers Personal Injury Claims
1. Causes of action
a. Improper Instruction
b. Improper Supervision
c. Charterer Error
d. Products Liability
2. Defenses Available
a.. Assumption of the Risk
b. Comparative/Contributory Negligence
c. Liability Releases (Waivers)
C. Medical Fitness Assessment Legal Issues
1. Physicals and Investigative Protocol
a. Commercial Divers
i. Yearly Physical
ii. Post Injury Medical Assessment - Return to Work
b. Recreational Diver and Technical Divers
i. Entry Physical
ii. Post Injury Medical Assessment - Return to Diving
c. Autopsy Protocol
2. Medical Examiner's Legal Exposure
D. Testifying as an Expert Witness
1. Legal Responsibilities as a treating Physician
2. Testifying as an Expert Witness for a Party in Litigation

III. Conclusion - The Importance of Looking at the Medical Assessment of Fitness to Dive Through Proactive Legal Lenses

AFTERNOON SESSION

I. General Overview of the Practice of Law

A. Civil Law

B. Administrative Law

C. Alternative Dispute Resolution



II. Standard of Care for Hyperbaric Physicians

A. Case Law

B. Hypothetical Cases

C. Response to Questions



III. Dealing with the ‘Guys and Gals in the Suits – Literally and Figuratively’

A. Depositions, subpoenas and other inconveniences provided by lawyers.

B. Legal Ethics. No, that’s not a typo…lawyers do have ethics.

That's all for now, folks. If you haven't yet registered for our annual meeting, do it, do it, do it. Hope to see you in Orlando!

Don