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Verdicts
In Maritime Actions, Third-Party Claim Against Health Care Providers Is Premature
Because of the intersection of state medical malpractice law and federal maritime law, an employer seeking to implead the medical care providers of its injured employee' must wait until after the employee's maritime law and Jones Act claims have been adjudicated to obtain contribution from the medical care providers. Hartzog v. Cayo, 2013 U.S. Dist. LEXIS 79073 (E.D.La. 6/5/12).
The plaintiff suffered a work-related injury and sought compensation from his employer, Cayo L.L.C., in accordance with federal maritime law and the Jones Act. On the theory that they contributed to the plaintiff's injuries, Cayo sought leave to amend its answer to add third-party claims for contribution against the two doctors who treated the plaintiff's injuries, and against the hospital where that treatment was rendered.
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