dive, causing the Eustachian tube (which leads from the back of the throat to the middle ear) to become blocked with mucous again. When the diver suffers a reverse block, the eardrum may actually rupture outward, due to the increased air pressure trapped in the ear during the dive. In this case, the diver probably experienced a tear in the eardrum, but because he was wearing a helmet with a head cushion, his ear was insulated from the cold water and he did not experience any vertigo underwater. When his helmet was removed on deck, however, the cold air topside entered his ear and caused nausea and vertigo. Could the diver have been suffering from decompression sickness as he claimed? Yes, it's possible, and divers do receive what are known as "undeserved hits" (decompression sickness), but in this case, the dive was so far inside the envelope that it appears highly unlikely. Proving or disproving whether a person has suffered from decompression sickness is usually very difficult.
Resolution of the Case
to make the decision regarding whether you are fit to dive or not. · If you have any hesitancy about making a dive, or feel the conditions are unsafe, it is your duty to refuse to dive, even if you think you might be fired for refusing to dive. In my personal experience, the three times where I refused to dive until weather cleared or equipment was brought on site, I never experienced any threat of termination. In this case, the diver had a wife and three children for whom he was responsible. In a worst-case scenario, it's better to be dismissed from employment than to experience a debilitating injury or death. · Always carry and maintain your own diving logbook. This is an ADCI requirement and will help you to document what you have done and experienced. The diver in this case thought the logbook was an option and was unable to produce one when deposed.
Lessons to Be Learned for Diving Companies
During most lawsuits today, at some time after some of the experts have been deposed, the attorneys on each side will ask their expert to write a report for them regarding their analysis of the case. This report is then made available to the opposing side, and sometimes the judge as well. Although the plaintiff 's expert was not a physician, he wrote in his report that the diver clearly suffered from decompression sickness. This was a mistake, since he was not a physician and unqualified to make this type of diagnosis. As the trial date neared, the diver changed his claim from decompression sickness, to "otic barotrauma." An otic barotrauma is defined as any pressure related injury that occurs to the ear, which is a vague and ambiguous claim. An otic barotrauma would not be inconsistent with a reverse block, but also could be caused by eardrum rupture during the diver's descent to the bottom. Damage to the ear can also be caused by an overly vigorous attempt to equalize a Eustachian tube. On the Monday prior to the trial, the plaintiff 's attorney made a settlement offer to the defense attorneys working on the behalf of the diving company. The insurance company, acting on behalf of the diving company, settled the case for an amount that will buy the diver a really nice pickup truck and little more, after the plaintiff 's attorneys take their cut.
Lessons to Be Learned for Divers
· If you have any medical problems while on a job, you must disclose them to the diving supervisor and allow him
44 MTR
· The diving supervisor should always perform a field neurological exam on every diver following every dive, even on dives that are allegedly "no-decompression" excursions. This is a quick and easy examination that takes only a few minutes, yet helps to ensure the safety of your crewmembers. Divers can and do experience "undeserved hits" that are hard to explain from a physiological perspective. · Always have a way of hoisting the diver out of the water in the event that he is injured and be prepared to put that equipment into play on a moment's notice. If this diver had experienced vertigo while he was still in the water, the results could have been catastrophic. · In the event that you have a diver who is injured while offshore, or at any remote location, that person should be sent to seek medical aid accompanied by a member of your team who can attend to his needs and assist him. If your diver develops symptoms of decompression sickness during transport, only another diver may recognize the problem and know what action must be taken. Treat your employees the way you would want to be treated in the event of an injury. Make absolutely certain that there will be someone waiting to assist them when they come ashore, particularly if they make land in a remote location. · Be sure your paperwork is thorough and fully completed. In this particular case, the diving company used a dive log that did not provide sufficient information on each individual dive. Your logs are legal records and also provide a comprehensive record for billing your customers.
May 2009
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