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Admiralty & Maritime Claims
Trust the Law Offices of David C. Rash

Cruise Ship Medical Malpractice Attorney

Can I Sue a Cruise Line for Medical Malpractice?

All cruise ships should have a medical team that includes doctors, nurses, and other medical staff to ensure the safety and health of their passengers. If you experienced illness while on the cruise ship or believe that your medical condition was handled negligently by the cruise ship's medical personnel, then you may be able to hold the medical staff accountable for medical negligence. Recently, courts ruled that you may even be able to file a lawsuit against the cruise line for medical negligence.

Do you have a valid cruise ship medical malpractice lawsuit? Consider the following important questions:

  • Did the medical staff diagnose you incorrectly?
  • Did you experience pain or injury after receiving medical care onboard the ship?
  • Did your symptoms worsen during the cruise?
  • Did you require emergency hospitalization?

Passengers rely heavily on cruise ship medical staff to treat their injuries competently. There are limited options out at sea, so it is crucial that cruise line staff respond to your medical needs promptly and professionally. Talk to a Florida cruise ship medical malpractice attorney at David C. Rash, P.A. to help you determine whether or not you have a valid claim. We can review your case and file a claim on your behalf.

What is the Barbetta Rule?

In 1988, the ruling on the case of Barbetta v. S/S Bermuda Star determined that cruise ship companies were not in direct control of medical staff aboard their ships. Instead, onboard nurses and doctors were to be seen as independent contractors, not necessarily employees. This mandate disallowed any responsibility or liability for cruise ship medical malpractice cases to be passed onto the cruise ship company. People injured onboard cruise liners and subsequently mistreated by medical staff there were unlikely to find suitable compensation for their injuries.

A recent ruling by the 11th United States Court of Appeals, however, has brought a welcome change to the Barbetta ruling, citing it as outdated. It has been argued that modern cruise ships are essentially "floating cities" with state-of-the-art and well-stocked infirmaries. The medical staff working aboard them are not independent contractors but instead true employees of the companies who own the vessels on which they work.

A medical technician might be considered a cruise ship employee if:

  • They are wearing uniforms designated by the cruise ship
  • They regularly or solely work for that cruise liner
  • The cruise ship company advertises the medical bay

What are the Most Common Cruise Ship Accidents?

Millions of people set sail on a cruise ship every year. With so many people entrusting cruise liners with their health and wellbeing, it is of utmost importance for safety protocols to be constantly met, and for medical staff to be properly trained. When and if an accident does occur, it can be seen as simply unreasonable to place all liability on the injured party, especially when medical malpractice makes the situation worse.

Some of the most commonly reported cruise injuries are linked to:

  • Food poisoning
  • Slip and fall accidents
  • Legionnaires' Disease
  • Broken railings
  • Onboard fires
  • Unsecured objects

Whether your injury was caused by general negligence of the cruise ship company or made worse by the medical malpractice of those who treated you, the responsible parties must be held accountable. Our firm can carefully assess the details of your case to determine the most effective strategies. At the end of the day, our mission is and always will be to protect and uphold your best interests.

Millions of Dollars in Recoveries

Our firm has successfully recovered millions of dollars in compensation for clients. Inside and outside of court, our cruise ship medical malpractice lawyer is a powerful legal advocate who knows how to deliver results. We utilize cutting-edge legal strategies and our sophisticated knowledge of medical malpractice laws to help our clients build compelling claims. After all, you deserve to be treated as someone who has been injured and needs help, not a case number.

More than anything, we want you to be comfortable as your personal injury claim plays out, from start to finish. To help ensure that you are not under stress, we offer case evaluations, and if we do not recover anything in your case, we do not get paid. This means there are no upfront or out-of-pocket fees you need to worry about when you work with us.

Call (954) 914-7116 for the professional legal guidance you need.

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