Cruise Ship Crew Member Medical Malpractice Lawyer

Medical Malpractice Aboard a Cruise Ship

Medical care aboard a cruise ship is different from receiving treatment at a hospital or doctor’s office on land. A vessel may be hours or days away from the nearest appropriate medical facility, and crewmembers may have limited access to outside medical providers while they are working at sea.

When a crewmember seeks medical attention aboard a cruise ship, the medical provider has an important responsibility to properly evaluate the crewmember’s condition, provide appropriate treatment, and recognize when additional or emergency care is necessary.

Medical malpractice or medical negligence may occur when a medical provider fails to provide appropriate care and that failure causes additional injury or harm.

Not every unsuccessful medical outcome constitutes medical malpractice. Whether negligent medical care occurred depends on the specific circumstances, the medical care provided, the harm suffered, and the law that applies to the claim.

Common Types of Medical Negligence Affecting Crewmembers

Crewmembers may seek medical attention aboard a cruise ship for workplace injuries, illnesses, or other medical conditions that develop while they are at sea. Because access to shoreside medical care may be limited, the quality and timeliness of the medical care provided aboard the vessel can be especially important.

Medical negligence can take many forms. Depending on the circumstances, potential examples include:

Misdiagnosis or Failure to Diagnose

A medical provider may fail to recognize an injury or illness, incorrectly diagnose a condition, or overlook important symptoms. When a condition is not properly identified, a crewmember may not receive the treatment needed to recover.

A misdiagnosis or failure to diagnose can also allow an injury or illness to worsen, potentially resulting in additional treatment, complications, or a longer recovery.

Delayed Diagnosis or Treatment

Some injuries and illnesses require prompt diagnosis and treatment. Delays in evaluating symptoms, ordering appropriate tests, making a diagnosis, or beginning treatment may allow a condition to become more serious.

For a crewmember aboard a vessel, delays can be particularly significant when the ship is far from a hospital or other shoreside medical facility.

Improper or Inadequate Treatment

Medical treatment should be appropriate for the crewmember’s condition and the circumstances presented.

Potential medical negligence may occur when a medical provider administers inappropriate treatment, fails to provide necessary treatment, or does not take appropriate action after a crewmember’s condition changes.

Medication Errors

Medication errors can potentially cause serious harm. Examples may include providing the wrong medication or dosage, failing to account for relevant medical information or medication interactions, or failing to provide appropriate instructions regarding medication.

Failure to Monitor or Follow Up

Some medical conditions require continued observation or follow-up after an initial examination or treatment.

If a medical provider fails to recognize that a crewmember’s condition is worsening, fails to perform appropriate follow-up, or fails to respond to significant changes in symptoms, the lack of appropriate monitoring may contribute to additional harm.

Failure to Arrange Appropriate Shoreside Medical Care

Cruise ship medical facilities have limitations, and some conditions may require treatment that cannot appropriately be provided aboard the vessel.

When a crewmember requires additional evaluation or treatment ashore, timely referral or transfer to an appropriate medical facility may be important. A failure to recognize the need for shoreside care or an unreasonable delay in arranging that care may result in a condition becoming more serious.

Case Example: Misdiagnosed Kidney Condition Resulted in Unnecessary Surgery

Crew Advocacy has helped crewmembers pursue claims arising from serious medical errors and inadequate care aboard cruise ships. The following case illustrates the potential consequences of negligent shipboard medical treatment:
In a case handled by Crew Advocacy, a 26-year-old female crewmember working as a waitress aboard a Royal Caribbean cruise ship was diagnosed with kidney stones and underwent surgery in Mexico. The procedure was later determined to have been unnecessary, and the crewmember suffered a nerve injury.

Crew Advocacy represented the crewmember in her claim against the cruise line. The case, identified as Jane v. RCCL, resulted in a reported $975,000 recovery.

When Medical Negligence Makes a Crewmember’s Injury Worse

A crewmember may initially seek medical attention for an injury or illness that is treatable but becomes significantly more serious when appropriate care is delayed or not provided.

This can be especially dangerous aboard a cruise ship, where crewmembers may depend on the ship’s medical staff to determine the seriousness of their condition and whether treatment at a shoreside medical facility is necessary. If symptoms are dismissed, a condition is misdiagnosed, or necessary treatment is delayed, the underlying medical problem may continue to progress.

In some cases, negligent medical care may result in complications that could have been avoided with appropriate and timely treatment. A crewmember may ultimately require emergency treatment, surgery, a longer recovery period, or more extensive medical care than would otherwise have been necessary.

Case Example: Misdiagnosed Appendicitis Led to Serious Complications

Crew Advocacy has represented crewmembers whose medical conditions became substantially worse after they did not receive appropriate medical care aboard their vessels. One case handled by the firm demonstrates how serious the consequences of a delayed diagnosis can become.
A 34-year-old female crewmember from Brazil sought medical attention aboard her ship and was diagnosed by the ship’s doctor with menstrual pain and advised to take Ibuprofen.
Ten days later, she was taken to a hospital in Florida, where she was diagnosed with appendicitis and required emergency surgery. According to Crew Advocacy’s published case summary, the delay and lack of adequate medical treatment resulted in peritonitis, and the infection affected portions of her colon and intestines. Her colon ultimately had to be removed.
Crew Advocacy helped the crewmember obtain appropriate medical care, and the matter was resolved through a confidential settlement.

Confidential Settlement: The case was resolved through a confidential settlement. Because of the terms of the settlement, the identities of the parties and the amount of the recovery cannot be disclosed.

Medical Malpractice and Maintenance and Cure

A crewmember who becomes injured or ill while in the service of a vessel may have rights to maintenance and cure. Generally, “maintenance” refers to certain basic living expenses while a crewmember is recovering ashore, while “cure” refers to necessary medical care and treatment for the injury or illness.

These rights can become particularly important when a crewmember’s condition is not properly diagnosed or treated aboard the ship. If inadequate medical care causes the original injury or illness to become worse, the crewmember may require additional treatment, a longer recovery period, or more time away from work.

Issues may also arise when necessary medical treatment is delayed, denied, or discontinued while the crewmember is still recovering. Depending on the circumstances, questions involving negligent medical treatment and the cruise line’s maintenance-and-cure obligations may need to be evaluated together.

Who May Be Responsible for Negligent Medical Care?

Determining who may be legally responsible for negligent medical care aboard a cruise ship can be complicated. Depending on the circumstances, a claim may involve the cruise line, the shipowner, a doctor or other medical provider, or other parties involved in providing or arranging the crewmember’s medical care.

For crewmembers, these issues may be different from medical malpractice claims involving passengers. Maritime law, the crewmember’s employment relationship with the cruise line, and the circumstances surrounding the medical treatment may all affect the legal rights and remedies available.

Important questions may include:

• Who provided the medical care?
• Was the medical provider employed or selected by the cruise line?
• Did the cruise line arrange or authorize the treatment?
• Did the treatment occur aboard the ship or at a shoreside medical facility?
• What does the crewmember’s employment contract say about bringing a claim?
• Where can the crewmember’s claim be brought?
• Does the employment agreement require the claim to be resolved through arbitration?

These questions can become particularly complicated when a crewmember receives treatment from medical providers of different nationalities or in different countries, or when an employment agreement requires disputes to be handled in a particular location or through arbitration.

What Compensation May Be Available?

When negligent medical care causes a crewmember’s injury or illness to become worse, the consequences can extend far beyond the original medical condition. A crewmember may require additional treatment, spend weeks or months unable to work, or develop complications that affect their ability to return to their previous position.

In more serious cases, the additional harm caused by negligent medical care may result in long-term or permanent disability. For a crewmember who depends on being physically able to work aboard a vessel for their livelihood, an injury that prevents them from returning to sea can have a significant financial and personal impact.

Depending on the circumstances of the case and the law that applies, potential compensation may include:

• Additional medical expenses resulting from the negligent care
• Costs of necessary medical treatment and rehabilitation
• Lost wages or income
• Physical pain and suffering
• Additional disability or impairment caused by the worsened condition
• Other damages that may be available under applicable maritime law

The compensation available in a particular case depends on the circumstances, including the nature of the original condition, the medical care provided, the additional harm suffered, and the legal claims available to the crewmember.

What Should a Crewmember Do If They Suspect Medical Negligence?

If you believe that negligent or inadequate medical care aboard a cruise ship caused your condition to become worse, the steps you take afterward may be important for both your health and any potential legal claim.

1. Seek Appropriate Medical Attention

Your health should come first. If your condition is worsening or you believe you have not received appropriate treatment aboard the ship, seek further medical evaluation as soon as possible. Depending on the circumstances, this may include requesting evaluation by a shoreside medical provider or obtaining emergency medical treatment.

2. Obtain Copies of Medical Records and Reports

Request copies of your shipboard and shoreside medical records, as well as any reports concerning your injury, illness, or medical treatment. These may include medical reports, test results, diagnoses, treatment recommendations, prescriptions, referrals, and other records documenting the care you received.

3. Keep Records of Medications and Treatment

Keep track of medications you were given or prescribed, medical procedures you underwent, and instructions provided by medical personnel. If additional treatment is required later, this information may help establish what care was previously provided.

4. Document What Happened

Write down what happened while the details are still fresh. Include when you first reported your symptoms, who you spoke with, what symptoms you described, what treatment or diagnosis you received, and how your condition changed afterward.

5. Preserve Relevant Communications

Keep copies of emails, messages, medical communications, reports, or other correspondence involving the ship’s medical department, supervisors, cruise line, or others involved in your treatment or employment.

6. Continue With Appropriate Medical Care

Follow up with appropriate medical providers and attend recommended appointments. Continued medical care can be important for your recovery and for documenting how the condition develops over time.

7. Speak With a Maritime Attorney Promptly

Cruise ship crewmember claims can involve employment contracts, arbitration provisions, jurisdiction requirements, and legal or contractual deadlines that may differ from ordinary medical malpractice claims. Speaking with a maritime attorney promptly can help protect your rights before an important deadline passes.

Frequently Asked Questions About Cruise Ship Crewmember Medical Malpractice

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Can a crewmember bring a claim for medical malpractice that occurred aboard a cruise ship?

A crewmember who is harmed by negligent medical care aboard a cruise ship may have a legal claim, depending on the circumstances. These claims can involve maritime law, the crewmember’s employment agreement, the medical provider involved, and the relationship between the provider and the cruise line.

What if the ship’s doctor misdiagnosed my injury or illness?

A misdiagnosis does not automatically mean that medical malpractice occurred. However, if a medical provider failed to provide appropriate care and the misdiagnosis caused your condition to worsen or resulted in additional harm, you may have a potential claim.

What if my condition became worse because treatment was delayed?

A delay in diagnosis or treatment can be especially serious when a crewmember is at sea and has limited access to outside medical care. If an unreasonable delay caused an illness or injury to become more serious, the resulting additional harm may be relevant to a medical negligence claim.

What if the ship’s medical staff refused to treat me?

The circumstances surrounding the refusal would need to be evaluated. If necessary medical care was not provided or appropriate shoreside treatment was not arranged and the lack of care caused additional harm, the crewmember may have legal rights.

What if I was sent back to work even though I was still injured or sick?

Returning a crewmember to work before they are medically capable of performing their duties can potentially worsen an injury or illness. If you were sent back to work despite continuing symptoms or medical limitations and your condition became worse, the circumstances should be reviewed.

What if the cruise line sent me to a doctor in another country?

Crewmembers are frequently treated in different ports or countries. Receiving treatment outside the United States does not necessarily mean that a crewmember has no legal options. The location of the treatment, the medical provider involved, the crewmember’s employment agreement, and the applicable law may all affect the claim.

Is there a deadline for bringing a cruise ship medical malpractice claim?

Potentially. Maritime claims may be subject to legal deadlines as well as requirements contained in a crewmember’s employment agreement or arbitration provisions. Because these deadlines can vary, a crewmember who believes negligent medical care caused additional harm should seek legal advice promptly.

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Speak With a Cruise Ship Crewmember Medical Malpractice Lawyer

If you believe that negligent medical care aboard a cruise ship caused your injury or illness to become worse, Crew Advocacy can help you understand your legal options.

Contact Crew Advocacy for a confidential consultation to discuss your situation and learn what options may be available.