Houston Maritime Injury and Jones Act Blog

Cruise Ship not at Fault in Medical Malpractice Case

In the case of Carnival Corporation v. Darce Carlisle, the Florida Supreme Court ruled that a cruise ship company, Carnival is not liable for the medical malpractice of a ship board physician.  The Plaintiff’s family went on a Carnival cruise.  During the cruise the family’s fourteen year old daughter became ill.  The ship doctor saw the child several times and advised the family that she was suffering from the flu and did not have appendicitis.  The family chose to leave the cruise and return home where their daughter was diagnosed as having a ruptured appendix.  Her appendix was removed but the girl was rendered sterile from the rupture and the subsequent infection.  The girl’s parents sued the doctor and the shipowner, Carnival, alleging that the doctor committed medical malpractice and that the ship was liable for the doctor’s actions taken aboard its vessel. 

Cruise Line Not Liable in Medical Malpractice Suit

The Florida Supreme Court decided that the vessel owner, Carnival, was not liable for the medical negligence of the ship board doctor.  This case illustrates a few important points for people contemplating taking a cruise or who are injured or become ill during a cruise.  First, cruise ship company’s typically have special laws which have been passed for their protection by the United States Congress and upheld by conservative courts.  Namely, you cannot sue the cruise line in your home court, where you bought your ticket, or in any other court other than the court designated by the vessel owner on the ticket that you purchased. 

Cruise Line Lawsuits Must be Filed in Designated Court

Most cruise companies designate one particular Federal District Court in Miami, Florida as the sole court where your case can be brought.  However, other cruise companies have designated other courts as their “home” court.  Before going on a cruise, you should determine whether the cruise company designates as the forum where your case can be brought.  Secondly, if you are injury while aboard a cruise ship, make sure that you clearly report the injury, make your own recordings, photographs, videotapes, etc. of the condition which caused your injury, any witnesses to your injury, any statements you can obtain from witnesses while still onboard, and the nature and extent of your injuries. 

Many Cruise Lines Doctors Are Not Employees

Lastly, ship board doctors on cruise ships are not employees of the cruise line, therefore, try and immediately get an independent evaluation of your injuries and/or condition and do not depend on the ship board doctor as your sole source of the nature and extent of your injuries. The cruise line company will not stand behind the actions of the doctor to whom they have given an office aboard their vessel in most cases.  Ship board doctors often work on behalf of the vessel owner to try and minimize your claims and/or poorly report your medical condition and/or your statement as to how you became injured.  Therefore you should definitely try and get as much evidence as you can gather on your own.