Cruise Ship Accident Lawyer Blog
You hope to never need medical services on your cruise vacation, but accidents happen. If you do seek care, you expect proper health care professionals to be onboard. Unfortunately, for decades, cruise operators protected themselves from liability for medical malpractice under rules established by the case of Barbetta v. SS Bermuda Star.
However, a recent shift in the legal framework now goes further to protect injured passengers. A Miami cruise ship accident lawyer can help you hold a cruise company accountable for substandard medical care, but read on for some basics.
Ship Doctor Negligence and Medical Malpractice on Cruises
Ship doctor negligence occurs when medical staff fail to provide the standard of care expected in the maritime industry. It may include:
- Misdiagnosis
- Delayed treatment
- Medication errors
Ships are certainly not full hospitals. However, they are expected to maintain competent staff, since malpractice on the high seas can lead to catastrophic injuries.
Can You Sue a Cruise Line for Medical Malpractice?
Generally, you can hold a cruise company liable if its medical staff’s incompetence caused you direct harm. Still, the process is complex because maritime law governs these incidents. The legal concepts are different from the laws of Florida and other US states. Liability often hinges on whether the doctor acted as an agent of the cruise line. Cruise operators market high-quality onboard care, so they are increasingly held accountable when those services fail to meet safety standards.
The “Barbetta Rule” and the Shift Toward Cruise Line Accountability
The Barbetta Rule suggested that ship owners were not responsible for a doctor’s errors because they could not control medical decisions. However, with the holding in Franza v. Royal Caribbean, courts now recognize vicarious liability, meaning cruise lines can be sued for the negligence of their medical teams. This shift ensures that companies cannot hide behind outdated immunity rules when their staff members provide substandard care to passengers.
Why You Need a Specialized Cruise Ship Negligence Lawyer in Miami
Navigating a maritime injury claim requires a specialized cruise ship negligence lawyer in Miami. Most major cruise tickets include a forum selection clause. This clause usually requires all lawsuits to be filed in the United States District Court for the Southern District of Florida. Additionally, the timeline for filing a claim is typically shorter for cases arising under maritime law.
A local Miami attorney understands these procedural hurdles, maritime laws, and the specific federal court system. Partnering with a lawyer in Miami ensures your case meets requirements while maximizing your recovery.
Discuss Your Rights with a Miami Cruise Ship Accident Attorney
While you can see that it is possible to sue for medical malpractice, having experienced legal counsel on your side is essential. Gerson & Schwartz, PA, offers dedicated legal support for victims of cruise ship injuries. With offices in Miami, Fort Lauderdale, and West Palm Beach, our attorneys have the experience needed to manage complex maritime claims. We focus on holding major cruise lines responsible for ship doctor errors and poor medical care. Please call (305) 371-6000 or visit us online to schedule a free consultation.