Cruise Ship Medical Malpractice

Cruise vacations are meant to be a time of relaxation and adventure, but when medical issues arise at sea, things can unfortunately quickly take a turn for the worse—especially when the cruise ship’s medical staff fails to address the situation appropriately. If you or a loved one has suffered due to inadequate or negligent medical care aboard a cruise ship, you may have a claim for medical malpractice. At Friedman Rodman Frank & Estrada, our Miami cruise ship medical malpractice lawyers have more than 45 years of hands-on experience helping to hold negligent cruise operators and healthcare providers accountable for the harm they’ve caused our clients. We understand the complexities of pursuing medical negligence claims in the maritime setting and are here to help you effectively navigate the process in pursuit of the justice you deserve for the damages done.

Cruise ship medical malpractice occurs when the onboard medical staff fails to provide the standard of care that a reasonable healthcare provider would offer under similar circumstances. Cruise lines typically have medical personnel, such as doctors and nurses, who are responsible for the health and safety of passengers. While they are required to provide adequate care to passengers for a variety of different reasons, this regrettably doesn’t always end up being the case. For example, medical malpractice can occur when there is a misdiagnosis, delayed treatment, improper medication, or failure to respond to an emergency.

Unfortunately, the quality of care on cruise ships is not always on par with what you would expect from land-based medical facilities. Doctors and nurses on cruise ships may be underqualified or overworked, leading to mistakes that can have severe consequences for your health. If you or a loved one suffered due to medical negligence on a cruise, you may be entitled to compensation for your injuries.

There are several types of medical malpractice that can occur while aboard a cruise ship, and these incidents can lead to significant unplanned health complications. Some of the most common examples of cruise ship medical malpractice include:

• Misdiagnosis or Failure to Diagnose: If a cruise ship doctor fails to properly diagnose a condition or illness, it can lead to delayed or incorrect treatment. For example, a heart attack may be mistaken for indigestion, or an infection may be overlooked entirely.
• Improper Medication: Errors in medication, such as prescribing the wrong drug or the wrong dosage, are unfortunately common. This can result in adverse reactions, overdoses, or inadequate treatment of an otherwise treatable condition.
• Delayed Emergency Response: Cruise ships are often far from land, making timely medical intervention critical. If the onboard medical staff fails to respond quickly or lacks the necessary resources to handle an emergency, it can result in serious injury or even death.
• Surgical Errors: In rare cases, surgeries may be required aboard a cruise ship. If an operation is performed incorrectly or proper sterilization procedures are not followed, the patient could suffer from infections or other post-surgical complications.
• Inadequate Post-Treatment Care: After receiving treatment on a cruise, passengers must be monitored closely. If this is not done, it can lead to worsening injuries or the development of new medical issues.

These are just a few examples of the types of cruise ship medical malpractice that can occur. If you believe that medical malpractice was responsible for your injury or illness, reach out to a dedicated Miami cruise ship medical malpractice attorney at Friedman Rodman Frank & Estrada.

Pursuing a medical malpractice claim against a cruise line is not as straightforward as it might be if the negligence occurred on land. Maritime law plays a significant role in determining the legal responsibilities of cruise lines, and this can impact how claims are handled.

• General Maritime Law: Under general maritime law, cruise lines have a duty to ensure that the medical care they provide meets certain standards. However, these laws often favor cruise lines, making it difficult to hold them accountable for medical negligence. For example, some cruise lines argue that they are not responsible for the actions of the doctors and nurses they employ because these medical professionals are considered independent contractors and not employees.
• Forum Selection Clauses: Many cruise lines include forum selection clauses in their ticket agreements, which dictate where lawsuits must be filed. This often means that passengers injured on cruises must bring their claims in specific courts, such as those in Miami, where many cruise lines are headquartered and where are office is located.
• Time Limits: There are strict time limits for filing claims against cruise lines. Injured passengers typically have six months to provide notice of their intent to file a claim and only one year to initiate legal proceedings. These timeframes are much shorter than those provided for most land-based personal injury claims, so it's critical to act quickly.

Any injury claim arising on a cruise ship requires special consideration, as different laws may apply. Thus, it is essential to work with a Miami cruise ship injury lawyer who is familiar with these laws and has specific experience handling these complex maritime cases.

If you or a loved one has been harmed due to negligent medical care aboard a cruise ship, you deserve justice and compensation for what you’ve been through. The attorneys at Friedman Rodman Frank & Estrada have extensive experience handling complex maritime personal injury claims, including those arising from cruise ship medical malpractice. We understand the unique challenges involved in these claims and will work tirelessly to hold the responsible parties accountable. We do not get paid unless and until there is a financial recovery secured on your behalf. To learn more and schedule your free consultation, call us at 305-448-8585 or connect with our staff by completing our secure online contact form.