A landmark decision by the 11th U.S Circuit Court of Appeals has declared that laws based on a series of court decisions, which have been protecting cruise ships from medical malpractice lawsuits for over 100 years, are outdated and no longer applicable. The most recent decision was made in 1988, known as “Barbetta,” when a judge decided that cruise ships were exempt from medical malpractice lawsuits because passengers could not expect to have access to the same medical treatment onboard a ship that they would have on land. Barbetta has been cited by cruise ship companies to prevent the filing of numerous medical malpractice lawsuits against onboard medical staff.
For the past 100 years patients who received negligent or substandard medical care while onboard a cruise ship had no legal recourse. In light of a lawsuit filed after the 2011 death of a passenger on a Royal Caribbean cruise, the 11th Circuit panel decided that injured passengers and their families have the right to seek damages from a cruise ship company whose medical staff acts or fails to act in some way that causes harm to the passenger.
In 2011 a Royal Caribbean passenger suffered a head injury, received inadequate medical attention from the ship’s nurse and doctor, and later died because of his injury. Thanks to the decision of the appeals court, the victim’s family will now have the opportunity to prove in court that Royal Caribbean is liable for his death.
Victims of medical malpractice may be entitled to recover damages due to negligent care. If you or a family member has suffered injury or illness because of negligence on the part of a medical professional, Pittsburgh medical malpractice lawyers at The Moyles Law Firm can help you receive the compensation you deserve. Our offices are located in Pittsburgh and the Harrisburg area. Contact us online or call 412-281-1055 or 717-233-5400 to schedule your free consultation with an experienced Pittsburgh medical malpractice lawyer.
– See more at: http://www.moyleslaw.com/pittsburgh-personal-injury-lawyer-landmark-cruise-ship-medical-malpractice-decision/#sthash.B4WTZwNt.dpufA landmark decision by the 11th U.S Circuit Court of Appeals has declared that laws based on a series of court decisions, which have been protecting cruise ships from medical malpractice lawsuits for over 100 years, are outdated and no longer applicable.