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If harmed by medical negligence while onboard a cruise ship, you have the legal right to hold those responsible accountable. Cruise ship injury claims are complex due to jurisdictional issues, so it is important to contact an experienced cruise ship medical malpractice attorney right away. Miami-based Aronfeld Trial Lawyers has fought hard to hold cruise lines accountable when they put their profits ahead of passenger safety. We are available 24/7 and encourage you to contact us even if you are still on your cruise.
Today’s mega cruise ships have urgent care centers on board that is staffed with doctors and nurses who can treat passengers suffering from a wide range of illnesses and injuries ranging from sea sickness, broken bones, and in some instances, even life-threatening medical conditions. No one goes on a cruise expecting to sustain a serious injury or illness. But passengers who require medical treatment on their cruise expect that the care they receive will be delivered according to the highest standard. Cruise lines promote their high-end amenities, exciting excursions, 5-star cuisine, and celebrity chefs, but what they often do not reveal is the quality of medical care onboard the ship. Many passengers assume they will have the same medical care and treatment on a cruise as they would on land, which is simply not the case. There are also unique health risks on cruise ships. Many cruise ships have doctors on board, trained in emergency medicine- but some do not, and they are not required to. Some of the most common passenger injuries we see as maritime lawyers include misdiagnosed fractures, head injuries and spinal injuries. Oftentimes the doctors and nurses that provide the medical care and treatment onboard these ships are not properly trained to diagnose these injuries. If you have been injured on a cruise, it is important to get a second opinion immediately from a competent board certified medical doctor as soon as you arrive on land.
When medical staff onboard the cruise ship fails to adequately treat or diagnose an injury or illness, this can constitute as medical negligence. Examples of this include:
Prior to 2014, holding cruise ship doctors and nurses accountable for medical mistakes had been nearly impossible for injured passengers because for decades cruise lines have been insulated from legal liability when passengers received inadequate or negligent medical care from the ship’s doctors and nurses. The 11th Circuit Court of Appeals overturned this standard in a case called Franza v. Royal Caribbean. The United States Appellate Court has made it far easier for injured passengers to sue cruise lines for medical malpractice in a ruling that involved an elderly cruise ship passenger who fell during a cruise– while docked in Bermuda.
After falling, the passenger, Pasquale Vaglio, returned to the ship and sought medical treatment in the ship’s hospital. Unfortunately, the care was allegedly so negligent that he fell into a coma and died a week later. His daughter filed a wrongful death case against RCCL and alleged that the ship’s health care providers failed to timely diagnose Mr. Vaglio’s cranial trauma.
She filed the lawsuit against Royal Caribbean Cruise Lines in the United States District Court for the Southern District of Florida, located in Miami, Florida. The trial judge, the Hon. Joan A. Lenard dismissed her complaint by applying the longstanding maritime legal concept that provides immunity to cruise lines like RCCL when a crew member renders negligent medical care to passengers.
In a 63-page opinion appellate court Judge Marcus juxtaposed maritime law with legal theories of medical malpractice, personal injury, and agency law. The court found that maritime law supports holding Royal Caribbean Cruises, Ltd., as vicariously liable for the medical negligence of its on board nurses and doctors. This law sends a clear message to the cruise industry by holding it responsible to provide injured passengers a higher standard of medical care.
If harmed by medical negligence while onboard a cruise ship, you have the legal right to hold those responsible accountable. Cruise injury claims are complex due to jurisdictional issues, so it is important to contact an experienced cruise ship medical malpractice attorney right away. Miami-based Aronfeld Trial Lawyers has fought hard to hold cruise lines accountable when they put their profits ahead of passenger safety. We are available 24/7 and encourage you to contact us even if you are still on your cruise. Most cruise lines, including Carnival, Royal Caribbean, Celebrity,Norwegian, MSC,Disney,Holland America, Princess, Costa, Regents Seven Seas and Oceania require that claims against them be pursued in a very specific place under very strict deadlines. Failure to comply with each individual cruise lines deadlines can result in a complete loss of any and all legal rights.
Cruise Line Responsibility
Cruise lines have a duty of care to ensure the safety and well-being of their passengers. This includes providing competent medical care on board. If the cruise line’s negligence leads to an injury or illness that necessitates medical treatment, and you subsequently receive negligent care either onboard or at a shore-side hospital, the cruise line can be held liable for the resulting harm. This is because the initial negligence set off a chain of events leading to the medical malpractice.
Legal Precedents and Changes
Historically, it was challenging to hold cruise lines accountable for medical malpractice occurring on board. However, the landmark 2014 case of Franza v. Royal Caribbean changed this. The United States Court of Appeals for the Eleventh Circuit ruled that cruise lines could be held vicariously liable for the medical negligence of their onboard doctors and nurses. This decision was significant because it established that if a cruise line’s medical staff, who are often presented as employees of the cruise line, provide negligent care, the cruise line itself can be sued for malpractice.
Medical Malpractice After Disembarkation
If you are injured or fall ill on a cruise due to the cruise line’s negligence and require medical attention at a shore-side hospital, the cruise line’s liability can extend to the negligent medical care you receive afterward. This is particularly relevant if the cruise line facilitated or influenced the medical treatment. For example, if the cruise line arranged for the hospital care or the initial negligence on the cruise led to the need for further medical treatment, the cruise line could be held responsible for the malpractice that ensued.
Common Types of Medical Malpractice on Cruises
Medical malpractice on cruise ships can include:
– Misdiagnosis or delayed diagnosis
– Failure to provide appropriate medical treatment
– Inadequate monitoring of patients
– Delayed or denied medical care
– Improper medical procedures or treatments
These issues can lead to severe health complications or even death, emphasizing the need for competent legal representation to navigate these complex cases.
Legal Support from Aronfeld Trial Lawyers
Aronfeld Trial Lawyers specialize in maritime law and have extensive experience handling cruise ship injury and medical malpractice claims. Our firm is dedicated to holding cruise lines accountable for their negligence and ensuring that victims receive the compensation they deserve. We understand the intricacies of maritime law and the unique challenges posed by jurisdictional issues, making us well-equipped to advocate for your rights effectively.
Steps to Take if You Experience Medical Malpractice
If you or a loved one has been injured or fallen ill on a cruise due to the cruise line’s negligence, and you have experienced medical malpractice as a result, understanding your rights and holding the cruise line accountable is crucial. Aronfeld Trial Lawyers are here to provide the legal support needed to navigate these challenging circumstances and ensure you receive the justice and compensation you deserve.
Since the firm’s founding in 1991, Spencer Aronfeld and his team of experienced attorneys have been passionately and successfully pursuing justice on behalf of the injured and overlooked. We have spent decades litigating medical malpractice, maritime personal injury, auto accident, and child injury cases to name a few; and over the years we have brought our clients headlining verdicts and life changing settlements. Although we might not be a massive legal enterprise with thousands of lawyers across the world, we find that this makes our work more human, and further impassions the representation we provide to clients everyday. If you have been injured, contact us today so we can begin the fight for you!
Free, confidential consultation. Available 24/7 in English and Spanish.
Call 866-597-4529Send us a messageIn some circumstances, yes. Federal courts in Florida have allowed passengers to hold cruise lines responsible for the negligence of shipboard doctors and nurses who work for the cruise line.
Misdiagnosing heart attacks, strokes, infections and appendicitis, delaying evacuation to a hospital ashore, medication errors and failing to treat injuries properly.
Most cruise ticket contracts require written notice within about six months and a lawsuit within one year of the injury. Some deadlines are even shorter, so contact a lawyer as soon as possible.
Most major cruise lines require passenger lawsuits to be filed in the court named in the ticket contract, often federal court in Miami. Aronfeld Trial Lawyers is based in Miami and represents passengers from across the country.
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