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Under admiralty, you would pursue this type of case for failure to provide maintenance and cure and also failure to repatriate if it was required and unless you have negligence of the employer it would not be under the Jones Act. It would require you to use an attorney who specializes in Admiralty claims, not a general workers compensation attorney who would claim this to be "too litigation intensive" because they do not know any better.
You would have to bring this as a maintenance and cure action if no negligence can be shown on the ship owner or captain as required under a Jones Act claim. If you can prove the captain or owner sent you to this doctor as their agent or provided you this medication in a negligent manner without instruction, this would be negligence sufficient to come under a Jones Act claim as the ship owner would be liable for the negligence of their agents as well as their captain and crew or their ship.
In federal court, you are allowed to pursue an action under alternative remedies, which means you can pursue it under maintenance and cure as well as under a Jones Act claim and attempt to prove this was negligence on behalf of the ship owner or through their agents.
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