Court Opens Cruise Line to Medical Malpractice Lawsuit
On November 10th, stuff the Eleventh Circuit overturned the long-standing rule that cruise lines could not be sued for medical malpractice. In Franza v. Royal Caribbean Cruises, pharm the Eleventh Circuit allowed a plaintiff to sue a cruise line for the alleged medical negligence of the onboard ship doctor and nurse. This is a remarkable ruling because, and since 1988, both federal and state courts have held that parties were not allowed to sue cruise lines for the medical negligence of its ship doctors and nurses.
The long standing rule was adopted by the Fifth Circuit in Barbetta v. S/S Bermuda Star which held that cruise lines could not be vicariously liable for the negligence of its ship doctors or nurses because it could not exercise the required “control” over these individuals …. See full article above