Cruise ship doctors are independent from the cruise line, says Florida Supreme Court
The Florida Supreme Court overturned a lesser court, and concluded that cruise lines cannot be held liable for negligence on the part of ships' doctors, who generally are independent contractors. The case about a 1997 incident involved a woman with misdiagnosed appendicitis causing a rupture, infection and sterility.
The patient felt that the cruise line bore responsibility for the onboard physician's malpractice. The cruise line argued that the onboard doctor is an independent contractor, not under the supervision of the cruise line.
We can see both sides of this one. As a cruise passenger, we might think the cruise line is responsible for overseeing medical care. But on the other hand, they're a cruise line, not a medical organization, and can't be expected to exercise medical judgement. It would be like expecting a hotel to accept liability for a doctor they helped track down for an ill guest.
At any rate, the court's reasoning was that federal maritime law does not allow cruise lines to be held liable for their onboard independent medical professionals.
The patient felt that the cruise line bore responsibility for the onboard physician's malpractice. The cruise line argued that the onboard doctor is an independent contractor, not under the supervision of the cruise line.
We can see both sides of this one. As a cruise passenger, we might think the cruise line is responsible for overseeing medical care. But on the other hand, they're a cruise line, not a medical organization, and can't be expected to exercise medical judgement. It would be like expecting a hotel to accept liability for a doctor they helped track down for an ill guest.
At any rate, the court's reasoning was that federal maritime law does not allow cruise lines to be held liable for their onboard independent medical professionals.












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