Cruise Ship Accident Lawyer Blog
You hope to never need medical care while enjoying a cruise vacation, but it is a comfort to know that there are facilities available. Federal law requires cruise ships to always have a licensed physician present and available to treat passengers during an emergency.
However, beyond the legal requirement, there can still be concerns about the quality of medical care on board. Mistakes happen, and it is critical to discuss your rights with a Miami cruise ship accident lawyer if you suffer harm. Some information about the hidden dangers is also helpful.
What is the Medical Standard of Care At Sea?
The medical standard of care at sea refers to the level of treatment a reasonably competent ship’s doctor should provide under similar circumstances. Because cruise ships operate far from land, this standard often differs from what you might expect on shore. Courts generally require onboard providers to act reasonably given the limited equipment and staff available. To comply with this standard, physicians may even need to evacuate the guest. Defining what qualifies as reasonable care can help injured passengers determine whether malpractice occurred.
Common Medical Errors on Cruise Ships
Medical errors at sea can be just as serious as those on land, but limited resources make them more likely. Prescription mistakes are common, such as:
- Wrong dosages
- Incorrect medications
- Dangerous drug interactions
Misdiagnosis is another frequent problem, since shipboard clinics often lack advanced imaging or lab equipment needed to confirm a condition. This becomes especially dangerous during a stroke or heart attack, when every minute affects the outcome. Symptoms may be dismissed as seasickness or fatigue, delaying treatment that could prevent lasting damage.
Because the nearest hospital may be hours away by helicopter or boat, any delay in recognizing these emergencies can turn a treatable condition into a life-threatening one.
Are Cruise Lines Liable for Onboard Doctors?
Maritime law used to insulate cruise lines from liability for medical staff, finding that health care providers were independent contractors. Injured patients could pursue the physician, but not the operator. Courts have rejected this outdated rule, so passengers can sue cruise lines for the negligence of onboard doctors and nurses.
Victims may pursue claims against a cruise line under theories of actual or apparent agency, even when the company attempts to classify medical staff as independent contractors. When a ship’s health care providers fail to provide reasonable care, victims may seek compensation such as:
- Medical expenses
- Lost income
- Pain and suffering
Our Miami Cruise Ship Accident Attorneys are Ready to Serve Your Needs
There can be challenges when trying to hold a cruise line accountable, which is why you should make it a priority to retain legal counsel right away after suffering medical malpractice injuries. Victims of cruise ship medical negligence are under a tight deadline, and missing deadlines can be harmful to your rights.
The team at Gerson & Schwartz, PA, has decades of experience handling complex maritime injury claims for injured passengers. For more information, please call (305) 371-6000 today. We can
schedule a free consultation at our Miami, Fort Lauderdale, or West Palm Beach, FL offices.