Examining Cruise Ship Medical Malpractice

Cruise lines generally have medical staff on each ship to ensure all passengers can receive prompt treatment for illness or injuries. However, like doctors and trained care providers on land, cruise ship medical staff can act negligently and commit malpractice. 

If you or a loved one suffered preventable injuries or harm because of a careless mistake or malpractice on a cruise, you should discuss your rights with a Fort Lauderdale medical malpractice lawyer. You may have a case against the care provider, the cruise line, or another liable party. 

How Does Cruise Ship Medical Malpractice Occur?

When a passenger is ill or injured, they often seek medical treatment on the ship. This is why cruises employ medical staff. When passengers require medical care, they have little choice but to visit the medical center onboard. 

The infirmaries on cruise ships are well-stocked and capable of dealing with a wide range of needs, from minor illnesses and injuries to medical emergencies of stabilizing patients before a medevac transfer. Most commonly, they clean wounds, prescribe and administer medications, and offer routine care for dehydration, seasickness, overheating, and fall injuries. 

However, they do see passengers with more serious symptoms or symptoms with an unknown cause. When this occurs, they should have the medical equipment to accurately diagnose them and prescribe an effective treatment plan. Unfortunately, this process does not always go smoothly. They may make careless, negligent mistakes by failing to provide the expected standard of care. This can lead to: 

• Diagnostic errors
• Failure to evacuate when necessary
• Failure to treat or treat properly
• Medication mistakes

When a cruise ship passenger experiences medical negligence, their illness or injuries can quickly become much worse. They might develop an emergent, life-threatening condition or even pass away. 

Who Is Liable for Malpractice in Medical Care on Cruise Ships?

Cruise lines are responsible for keeping passengers safe and free from hazards during their time aboard the vessel and on sponsored excursions. However, the rules about liability are somewhat murky when the ship’s medical staff act negligently. Is this a medical malpractice case against the cruise ship doctor or a negligence case against the cruise ship owner? 

More and more frequently, courts are ruling against the cruise line in these cases. This was the case in Carlisle v. Carnival Corporation and Franza v. Royal Caribbean Cruises. Under these cases, the cruise line was liable for the negligence of its employees, including the medical staff. This has become the accepted practice and legal strategy in many cruise ship medical malpractice cases.

Generally, the cruise line is liable if:

• They hired the medical staff in question
• They failed to provide their medical staff with the necessary tools or equipment
• They knew of issues with the medical staff and retained those parties on the ship

Holding the Cruise Line Responsible for Your Medical Malpractice Damages

When cruise passengers suffer worsening health conditions because of medical negligence, their situation can quickly escalate to the point where they require helicopter evacuation, diversion of the ship to the nearest harbor, or a referral to a doctor in the next port. If they cannot get satisfactory medical attention onboard, some may choose to disembark as soon as possible to return home and see a trusted doctor.

The expenses and losses incurred can be staggering, especially if medevac transportation is required. These costs only occurred because of cruise ship medical malpractice or because the medical staff’s negligence greatly contributed to them. 

As a result, these injured passengers can seek and secure compensation for a full range of expenses and losses, including: 

• Medical care and other costs incurred due to negligence
• Future medical treatment and support needs if there are lasting effects
• Missed income and reduced earning ability for new disabilities
• Related expenses
• Pain and suffering damages
• Other intangible losses
• Wrongful death damages for the family if the victim passes away

Can I Sue the Cruise Line If I Agreed to the Ticket Contract or Signed a Waiver?

Many cruise passengers worry they cannot hold the cruise line responsible for injuries that occur onboard because of the ticket contract or a waiver they signed. While these binding contracts can make pursuing your case more challenging, you can still hold the cruise line liable. 

The ticket contract that all cruise lines require passengers to sign does outline how these claims will work. These contracts use complex language and confusing statements to dissuade passengers from pursuing action and to protect the cruise line’s interests. 

You will want to work with a cruise ship accident lawyer to manage your case and pursue compensation from the cruise line. They can assess the ticket contract to learn:

• When you need to file the case, usually in a Florida court
• When you must notify the cruise line, often within a few months of the injury
• What steps you might need to take to settle the case before filing a lawsuit

An attorney familiar with the major cruise lines and cruise ship injury cases will know how this process works for most companies. Generally, they require the venue to be a Miami or Fort Lauderdale court, depending on where the company has its headquarters. 

They may require much shorter notification deadlines than you would have if you only considered the state’s statute of limitations on these cases, which is usually two years under Fla. Stat. § 95.11. 

There could be other limitations in the ticket contract that your attorney must abide by. However, your attorney will develop a strong case for financial compensation and negotiate with the cruise line to secure the compensation you need and deserve. 

Talk to Our Team About Your Cruise Ship Medical Malpractice Case for Free Today

At Chalik & Chalik Injury Lawyers, all our clients work with our firm partners directly. We are here to examine your cruise ship medical malpractice case and fight for justice on your behalf. 

Contact us today for a free initial case consultation.