Court Paves Way for Medical Malpractice Suits Against Cruise Lines

It might surprise you to learn that if you’re treated incompetently by a cruise ship doctor, it could be virtually impossible to win a medical malpractice lawsuit against the physician.

The current situation developed through a series of court decisions allowing exemptions for cruise lines like Royal Caribbean to get malpractice suits thrown out before trial. But a new court ruling opens the door for medical malpractice cases involving cruise lines to succeed, with the 11^th Circuit Court of Appeals deciding that the existing exemptions are outdated and should no longer apply.

The exemptions – which are based on a 1998 ruling - operate on two basic principles: 1) that passengers cannot expect the same level of medical care on a cruise ship as they do on land; 2) that doctors and nurses on cruises are private contractors outside the cruise line’s direct control.

The most recent ruling is a 1998 ruling known as “Barbetta,” and it’s allowed cases like that of 82 year-old Pasquale Vaglio (who hit his head on a cruise in 2001 and later died) to fail before ever getting to court.

The three-judge panel in the 11^th Circuit Court based its ruling on several innovations in the cruise line industry that basically invalidate the exemption precedents set by previous rulings.

Among these factors are that on today’s cruise ships, doctors and nurses wear uniforms and are presented as ship employees – not outside contractors. In addition, cruise lines actively promote onboard medical center capabilities in marketing materials, and some modern ships even boast sophisticated ICUs, labs and video conference communication with medical experts on land.

In their ruling, the judges concluded: “We can discern no sound reason in law to carve out a special exemption for all acts of onboard medical negligence.”

Royal Caribbean reacted to the latest ruling by taking the position that it sees no reason to reverse decades old practices.

“While cruise ships may have improved their medical facilities in the last 100 years, they should not be punished for it. Royal Caribbean is not in the business of providing health care. It is in the business of providing vacations,” said a Royal Caribbean rehearing motion.