Court Ruling Allows For Cruise Ship Medical Malpractice Lawsuits

A recent ruling by the 11th U.S. Circuit Court of Appeals has rescinded a long-time exemption for cruise ship medical malpractice lawsuits. The ruling came in the case of a passenger who had died on a cruise ship in 2011 after the ship’s medical staff neglected to care for his head injury. The decison revokes many of the legal protections cruise lines had enjoyed against cruise ship medical malpractice lawsuits from passengers, such as the lack of adequate medical staff and facilities.

Family Pursues Cruise Ship Medical Malpractice Lawsuit

The family of Pasquale Vaglio pursued the cruise ship medical malpractice lawsuit after Mr. Vaglio died of a brain injury on board the Royal Caribbean cruise liner “Explorer of the Seas.” Mr. Vaglio, 82, disembarked from the ship at a Bermuda port and hit his head. His family immediately took him to the ship’s sickbay for an examination. According to the family’s cruise ship medical malpractice lawsuit, the nurse did not conduct a thorough examination and told Mr. Vaglio to rest in his cabin. A few hours later, a doctor examined Mr. Vaglio and diagnosed him with a severe brain injury, which would cause his death a week later.

Cruise Ship Medical Malpractice Lawsuits and “Barbetta” Decision

The 11th Circuit ruling on cruise ship medical malpractice lawsuits overturns nearly a century’s worth of previous decisions. The most recent, in 1988, came in the case of “Barbetta v. S/S Bermuda Star.” In “Barbetta”, the court found that cruise ship lines cannot be held liable in cruise ship medical malpractice lawsuits. On most cruise ships at that time, the medical staff were often foreign nationals and were outside of U.S. jurisdiction. Since the medical staff on cruise ships were largely independent contractors, the cruise line was also shielded from liability.

Cruise Ship Medical Malpractice Lawsuits And Medical Technology

Today’s medical technology allows for cruise ships to also contain near-hospital-quality equipment on board. Cruise ship brochures promote the state-of-the-art medical facilities and world-class doctors and medical staff that serve on board these floating hotels. These advances in both equipment and patient care may leave cruise lines open to future cruise ship medical malpractice lawsuits. As the quality of care increases, so do patient expectations. When those expectations aren’t met, and patients suffer as a result, cruise lines can expect an increase in cruise ship medical malpractice lawsuits from injured patients.

Source: WQAM-TV

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