If you’re on a cruise ship, and you’re injured as a result of medical malpractice, federal law which governs injuries at sea has been fairly consistent that you cannot recover damages against the cruise line as a result of the negligence.
There have been all kinds of excuses to deny recovery under a malpractice theory. One shouldn’t expect the same medical care on a ship as they do on land. Cruise ships are not floating hospitals, and shouldn’t be held to a medical malpractice standard the same way real medical facilities are. Or, the doctors on the ship are independent contractors, and thus, the cruise ship can’t be responsible for their negligence.
But a recent case now seems to be turning the law around, providing medical malpractice victims at sea a possible remedy under federal laws.