Cruise vacations promise relaxation and adventure, but when medical negligence on a cruise ship leads to injury or worsened health conditions, the experience can become a nightmare. At Brais Law Firm, our maritime attorneys have decades of experience representing passengers and crew members harmed by substandard medical care at sea. A common question we hear is, “Can you sue a cruise line for medical negligence?” The answer is yes, but these cases are governed by complex maritime law, requiring specialized legal expertise.
What Constitutes Medical Negligence on a Cruise Ship?
Medical negligence occurs when a cruise line’s medical staff or facilities fail to provide the standard of care expected, resulting in harm to a passenger or crew member. Cruise ships are required to have onboard medical facilities and trained personnel to handle emergencies, but these are often limited compared to land-based hospitals. Examples of medical negligence include misdiagnosis, delayed treatment, improper medication administration, or failure to refer a patient to a shore-based facility when needed. For instance, a passenger suffering a heart attack might receive inadequate care due to untrained staff, or a crew member’s injury could worsen because of delayed medical attention.
To prove medical negligence, you must establish four elements: duty of care, breach of that duty, causation, and damages. The cruise line owes passengers and crew a duty to provide reasonable medical care, given the ship’s isolation at sea. A breach occurs when the medical staff fails to meet this standard, such as by misdiagnosing a condition. Causation links the breach to the harm suffered, and damages reflect the physical, emotional, or financial impact. At Brais Law Firm, we’ve successfully handled cases involving inadequate medical care, leveraging our expertise to secure millions for clients, such as the $6.8 million recovered for a crew member’s injury.
Maritime Law and Medical Negligence Claims
Medical negligence cases on cruise ships fall under admiralty and maritime law, a specialized field involving federal statutes, international treaties, and federal common law. Unlike typical medical malpractice cases on land, maritime law imposes unique challenges, such as strict filing deadlines—often one year from the incident—and specific jurisdictional rules outlined in passenger ticket contracts. These contracts may require lawsuits to be filed in specific courts, such as those in Miami or Seattle, complicating the process for victims.
Keith Brais, the founder of Brais Law Firm, is uniquely qualified to navigate these complexities. With over seven years of hands-on experience working aboard ships and offshore oil rigs, Keith holds three U.S. Coast Guard Licenses, giving him a deep understanding of the maritime environment. This insight allows us to identify negligence, such as inadequate medical training or understaffed infirmaries, that other firms might miss. Our team has represented clients in high-profile cases, including a $2.9 million settlement for a crew member’s injury caused by substandard care.
Common Examples of Medical Negligence on Cruise Ships
Medical negligence on cruise ships can take many forms, including:
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Misdiagnosis or Delayed Diagnosis: Failing to correctly identify a condition, such as a stroke or infection, can worsen outcomes.
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Inadequate Medical Facilities: Many cruise ship infirmaries lack advanced equipment, like CT scanners, limiting proper treatment.
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Untrained Medical Staff: Some ships employ doctors or nurses with insufficient training for emergencies.
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Failure to Evacuate: Not transferring a patient to a shore-based hospital when necessary can lead to serious harm.
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Medication Errors: Administering the wrong drug or dosage can have devastating consequences.
These issues often stem from cruise lines prioritizing cost-cutting over passenger and crew safety. At Brais Law Firm, we’ve seen firsthand how corporate “penny pinching” compromises medical care, and we fight to hold these companies accountable.
Challenges in Pursuing a Medical Negligence Claim
Suing a cruise line for medical negligence is fraught with obstacles. Cruise lines are large corporations with robust legal teams that may argue the medical staff acted appropriately or that the passenger assumed certain risks. Maritime law’s strict deadlines and jurisdictional clauses can also bar claims if not handled promptly. Additionally, proving medical negligence requires expert testimony to establish the standard of care and how it was breached, which demands significant resources.
Brais Law Firm’s perfect 5.0 client review rating reflects our ability to overcome these challenges. As one client shared, “It wasn’t until I got Mr. Brais that I really started getting the help I needed from the doctors.” Our trial-ready attorneys invest in medical and liability experts to build strong cases, ensuring clients receive the compensation they deserve.
Why Choose Brais Law Firm?
At Brais Law Firm, we represent individuals, not cruise lines or insurance companies. Our passion for putting people over profit drives us to secure justice for those harmed by medical negligence. We’ve recovered millions for clients, including $19.9 million for a resort guest injury and $2.2 million for a cruise passenger sexual assault case. Led by Keith Brais, a board-certified maritime attorney, our team combines legal expertise with real-world maritime experience to deliver results.
If you or a loved one has suffered due to medical negligence on a cruise ship, contact our cruise ship medical negligence attorneys at 800-499-0551 for a free and confidential consultation. We serve clients nationally and internationally, from Miami to ports worldwide. Let us help you navigate the complexities of maritime law and fight for the compensation you deserve.
