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What Are Some Forms Of Medical Malpractice That Can Surface On A Cruise Ship?


June 21, 2010 | Comments (0)

A medical error can occur anywhere where medical attention can be sought, even on a cruise ship. An injury on a cruise ship can occur through different means. No matter the cause for an accident on a cruise ship, competent medical care is expected to be given to all passengers of the cruise ship. If the injury of a passenger is made worse because of subpar medical care that is provided to them, a medical malpractice lawsuit may be brought upon the cruise line company.

Cruise line companies are a business and focus on entertaining their passengers, but forget about the most important aspect of it all, ensuring that their patients are safe and well cared for. Cruise lines do not invest many resources in having professional, qualified, and trained medical professionals on board. Enduring an injury because of a negligent medical professional while on board a cruise ship can leave long-lasting pain and suffering, financial bills, and mental trauma. For this reason, Miami personal injury attorneys dedicates their time in fighting for the rights of their clients and recovering the maximum compensation.

In the past, cruise line companies were protected against claims of medical malpractice because the medical professionals on board were viewed as independent contractors, meaning they had nothing to do with the cruise line company. Thankfully, 11th Circuit Court of Appeals overturned this protection in the year 2011 and stated that cruise lines did not need to be protected because this rule was outdated. As long as the victim can prove that the medical professional was an employee of the cruise ship and not an independent contractor, the cruise line and be held liable if not, the medical professional will be responsible.

Forms of Medical Malpractice That Surface in Cruise Ships

Ensuring that the medical team on board is qualified and trained to handle any number of injuries and conditions is essential and required on a cruise ship. For the most part, the medical center within the cruise ship is the only location that an individual can seek help while overseas. When the medical staff is competent or fails to act, a passenger can suffer a medical negligence. Some forms of medical malpractice that can occur include:

  • Delay in treatment
  • Delay in diagnosing medical condition
  • Failing to diagnose medical condition
  • Diagnosing the medical condition incorrectly
  • Giving the wrong medication to the patient
  • Administering too much anesthesia
  • Not providing swift medical treatment
  • Ordering the wrong tests
  • Refusing to treat the patient

Refusing treatment to a patient aboard a cruise ship is not uncommon, especially if the medical professional believes that the victim was not severely injured. Refusing to treat a patient can amount to a medical malpractice because if the refusal to treat leads to a greater injury, the medical professional or cruise line can be legally responsible.

Suffering a Medical Negligence Overseas

Cruise line companies should focus their resources on ensuring the safety of their passengers. Yes, cruise ships are where people go to have fun and enjoy their time, but what happens when they are injured? Cruise line companies should value life over money because without life, there is no money. Cruise ship medical malpractice attorneys will address any question that a victim of a cruise ship accident may have and help them file a lawsuit against the responsible party. The firm fights until the end.

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Cochran & Edwards provides personalized legal services for Business Litigation, Personal Injury, Class Action Litigation, Estate Planning & Government Law.