Introduction
The Boeing 737 MAX has occupied the limelight of aviation safety debates for good or ill, ever since its two sad crashes in 2018 and 2019. These events not only claimed lives, but also stirred disputes over liability, safety, and compensation issues. As with aviation accident lawyers, these cases are particularly intricate due to the nature of the incidents including, in some cases, review of the medical records of the plaintiffs. This article seeks to address the related concerns over the operational and legal aspects of the Boeing 737 MAX accidents, and how in particular the American medical record review companies could assist lawyers in a legal practice in the United States.
Overview of Boeing 737 MAX Accidents
Background of the Boeing 737 MAX
The Boeing 737 MAX is a series of aircraft designed by Boeing Commercial Airplanes. Marketed as a more fuel efficient variant of the well-known series 737, it drew a lot of negative attention after two horrendous accidents: Lion Air Flight 610 and Ethiopian Airlines Flight 302. Even more disturbing was the pilot’s procedures with regard to the air wire key and the training or safety measures for the aircraft’s Manoeuvring Characteristics Augmentation System (MCAS) after the crashes.
Timeline of Key Events
- 29 October 2018: Lion Air Fight 610 crashes into the Java Sea, resulting into a total loss with all 189 occupants on-board.
- On March 10, 2019, 157 people died in the Ethiopian Airlines Flight 302 crash, which occurred shortly after take-off.
- Three days later on March 13, 2019, the FAA issued a worldwide grounding of the Boeing 737 MAX.
- In November 2020, Boeing received approval from the FAA to introduce modifications to the aircraft and to bring it back to service.
Legal Implications of Boeing 737 MAX Accidents
Investigations and Findings
Following the accidents, extensive investigations were conducted by national and international aviation authorities. The findings highlighted several critical issues, including:
- Flaws in MCAS: The system was found to have design flaws that could lead to unintended nose-down commands.
- Pilot Training Deficiencies: Investigators noted that pilots were not adequately trained to handle MCAS-related emergencies.
- Regulatory Oversight Failures: The FAA’s certification processes were scrutinized for potential lapses in safety evaluations.
Compensation Claims in Boeing Aircraft Accidents
Types of Compensation Available
It’s said that, certain members of the victim’s families or the injured individuals are entitled to seek different forms of compensation, among them include:
- Wrongful Death Claims: Families of deceased passengers can file claims against Boeing and other responsible parties.
- Personal Injury Claims: Survivors may seek compensation for medical expenses, emotional distress, and loss of income.
- Punitive Damages: In cases of gross negligence, courts may award punitive damages to deter similar conduct in the future.
The Role of Medical Record Review
For attorneys representing clients in aviation accident cases, the medical record review process is essential. This involves:
- Getting a Hold of Medical Records: The medical histories of victims have to be collected as it is vital for various claims to be substantiated.
- Reviewing Medical Records: Some aspects of medical records that an expert reviewer may find useful in the case include previous health conditions and their treatments.
- Proving Causation: Providing evidence that substantiates medical claims that the accident occurred is very important in order to prove negligence and claim damages.
The Importance of Medical Record Review in Legal Cases
How Medical Record Review Companies Assist Attorneys
Medical record review companies play a pivotal role in the legal process by providing:
- Expert Reports: Professionals who have been trained are able to interpret various medical information for advocates to utilize while pursuing cases.
- Speedy Reports: Quick completion in case of legal requirements helps advocates obtain important details and use them when submitting documents to court.
- Economic Viability: Medical record reviews can be outsourced relieving attorneys of such tasks and enabling them to concentrate on strategies for the case in court.
Case Studies
Case Study 1: Lion Air Flight 610
Overview of the Case: After the crash of Lion Air Flight 610, various claims have been instituted against Boeing for wrongful death by the victim families.
Challenges: One of the major challenges was the establishment of a connection between the causes of the aircraft design flaw and the cause of the crash.
Solutions: Record reviewers have been of assistance in collecting evidence detailing the health status of some of the victims and their possible hereditary diseases in order to support the claims.
Compensation: The settlements included compensation for loss of earnings and pain and suffering caused to the families of the victims of the accident.
Case Study 2: Ethiopian Airlines Flight 302
Overview of the Case: After the crash of Lion Air Flight 610, various claims have been instituted against Boeing for wrongful death by the victim families.
Challenges: One of the major challenges was the establishment of a connection between the causes of the aircraft design flaw and the cause of the crash.
Solutions: Record reviewers have been of assistance in collecting evidence detailing the health status of some of the victims and their possible hereditary diseases in order to support the claims.
Compensation: The settlements included compensation for loss of earnings and pain and suffering caused to the families of the victims of the accident.
Conclusion
Accidents with the Boeing 737 MAX are valuable lessons, but rather unfortunate, in the challenges that aviation regulators face in ensuring aviation safety as well as the legal repercussions that follow. For lawyers representing these kinds of cases, it is important how to look at the medical record review in relation to the need to claim for loss compensation. It is necessary to investigate, gather expert evidence, and put facts timely into the proper context for the successful resolution of the case in court.
