Can You Sue for Medical Malpractice on a Cruise Ship?
Medical malpractice might be the last thing you think about when it comes to injuries on cruise ships. That said, it happens, just as it does in large hospitals on land. When medical malpractice occurs, and passengers are hurt at sea, they have the right to seek compensation for the damages they incur.
Passengers injured by medical malpractice on cruises may respond by filing lawsuits, which our attorneys can handle. We can confirm how the onboard physicians breached the standard practice of care for healthcare providers, such as by failing to recognize your symptoms and diagnose you, delaying your access to necessary medications, and potentially worsening your condition. We will get your cruise ship medical records outlining your care and have medical experts review them in preparation for testifying in court. We will also obtain and use medical records from hospitals after you leave the cruise, which will confirm the extent of your injury and the treatment you will need to address harm from medical malpractice.
Rivkind Margulies & Rivkind’s cruise ship injury lawyers can review your case for free when you call us at (305) 204-5369.
Can You File a Lawsuit for Medical Malpractice on a Cruise Ship?
Cruise ships have small yet capable medical facilities and staff on board in case passengers need treatment of some kind. While they may not have all the equipment and materials that a large hospital would, the medical staff should be qualified and be able to stabilize injuries and help passengers.
For example, suppose a passenger’s injury or condition is outside the scope of what the onboard medical facility can handle, such as a neck injury from a fall that requires invasive surgery. In that case, the medical staff on board should properly immobilize the area, help the passenger with their pain levels, and facilitate them being transported to the nearest foreign hospital capable of fully treating their injury. Failure to identify when an injury or condition is too serious for the onboard medical staff’s abilities with the materials they have access to, and failure to medically evacuate the passenger, could worsen their injuries. This is an example of medical malpractice, as the failure to provide the level of care or arrange for it may create more damage for the victim.
Passengers who go to cruise ship medical teams for possible illnesses, like norovirus, expect to get the proper treatment, which may include intravenous fluids to address dehydration. Failure to provide the patient with the care they need when dealing with a serious illness could lead to additional complications.
Medical malpractice cases are not always straightforward, and cruise ship passengers may not know that their injuries or conditions were worsened because of subpar medical care. Our attorneys can review victims’ medical records from cruise ships to see how their care was handled, reading physicians’ notes and other treatment details. Failure to identify concerning symptoms passengers present with, giving them the wrong medications for their situations, or discharging them too soon are all examples of medical malpractice on cruises that may give victims reason to file lawsuits with our attorneys’ help.
Who Can You Sue for Medical Malpractice on a Cruise Ship?
The medical professional whose negligence harmed you is employed by the cruise ship you were a passenger on, likely enabling you to name the cruise ship company in your medical malpractice lawsuit.
Under the legal doctrine of respondeat superior, which makes employers responsible for their employees’ actions while working, cruise ships can be made to pay victims’ damages when injured by crew members, including medical staff. Lawsuits against cruise ships are governed by U.S. maritime law, and our Miami cruise ship injury lawyers can help you navigate the complexities this may present during your lawsuit, like meeting the one-year filing deadline and confirming the case’s jurisdiction.
Cruise ships may also be liable for hiring unqualified medical staff members incapable of handling the many issues that might arise on the cruise. Passengers might get sick, experience heart attacks, have allergic reactions, or slip and fall and suffer bad injuries. Medical professionals aboard the ship must be able to follow the standard of care for physicians. The standard of care is essentially the course of action any reasonable medical professional would take in a similar situation. This benchmark helps illuminate acts of medical malpractice, and we can show how the physicians’ actions were outside the standard of care by having medical experts review your case and testify in court.
What Evidence Do You Need When Suing for Cruise Ship Medical Malpractice?
Though additional evidence may be introduced through the course of your medical malpractice lawsuits against a cruise ship, the most consequential evidence may be the cruise ship medical records, medical records from hospitals confirming your injuries, and expert witness testimony.
Cruise Ship Medical Records
We can help you request and get all medical records describing your treatment on the cruise that led to or worsened your injury. These records may show what the physician did wrong, such as not recognizing your symptoms or giving you inappropriate medication.
Hospital Medical Records
When hurt by medical malpractice, having other healthcare providers confirm your injuries and start to treat them is paramount. Leaving the ship, returning home, and seeking medical care from experts and specialists will generate additional records confirming your condition and its cause. Recovering from medical malpractice may take time, and sticking to your treatment plan is necessary so that there are no gaps in the records we present as evidence in your case.
Expert Witness Statements
As mentioned, expert witness statements can be invaluable in any medical malpractice case. Medical experts can explain to juries how onboard physicians were negligent and how their actions or inaction harmed the victim. Our attorneys can bring the appropriate experts in on your case early in the process so that they have time to review all relevant medical records and prepare their findings for court.
Call Us Today to Discuss Your Cruise Ship Medical Malpractice Case
Call Rivkind Margulies & Rivkind at (305) 204-5369 for a free case assessment from our cruise ship injury lawyers.
