By:   Jason R. Margulies

The Nation’s Leading Cruise Ship Medical Malpractice Law Firm Helps Cruise Ship Injury Victims Across the Globe Demand Justice

Ambulance in port

Lipcon, Margulies & Winkleman, P.A. was founded in 1971. Since then, we have grown our law firm to include eight office locations across the United States with 16 full-time maritime and cruise ship accident attorneys. Collectively, we have 200+ years of legal experience and have been successful in recovering more than $300 million for our clients in the 50 years we have been in business.

We have appeared on more than 100 respected news programs across the country as experts in maritime injury and cruise ship accident laws. Our founder, Charles Lipcon, is known for his representation in landmark cruise ship accident claims that changed the way the country litigates maritime cases. Although you may be feeling overwhelmed at the thought of going up against an international cruise line, we are here to help you navigate the claims process and ensure negligent parties are held accountable to the fullest extent of the law.

Common Injuries That Lead To Cruise Ship Medical Malpractice

Cruise ship passengers who become ill or injured often have little choice but to rely on the doctors and nurses provided by the medical facility onboard the ship. If your ship is in the middle of the ocean, far from land, getting to a land-based doctor or emergency room is not a viable option. Therefore, passengers expect and need cruise ships to provide properly trained and qualified medical staff on every cruise, but unfortunately, this is not always the case. Cruise ship medical staff may commit medical malpractice in a number of ways.

  • Discouraging or refusing to provide treatment
  • Improper medical treatment
  • Misdiagnosis
  • Delayed diagnosis
  • Failure to provide proper and prompt medical care
  • Failure to properly monitor patient conditions

Risk Factors You May Face for Cruise Ship Medical Malpractice

If you have suffered medical malpractice on a cruise ship, you may have been blindsided by medical negligence by the cruise lines. Unfortunately, there are some specific risk factors that can lead to cruise ship medical malpractice by cruise ship doctors.

If you find yourself needing medical care on cruise ships, be wary of the following situations and contact a Miami cruise law firm if something goes wrong.

  • Most cruise ship doctors and nurses are not trained nor licensed to practice medicine or nursing in the US.
  • Cruise ships are often ill equipped for all emergency medical situations..
  • Passengers may suffer injuries beyond the capabilities of the ship doctors.
  • There may not be adequate space for the complex area a medical care facility needs.
  • Emergency response times and training are often inadequate.
  • Cruise ships may be understaffed, with few available medical personnel.

If any of these risk factors happened to you, reach out to Miami cruise attorneys for help. Our cruise ship medical malpractice lawyers can offer you the support and tools you need for a successful claim.


Who Is Liable In A Medical Malpractice Case Aboard A Cruise Ship

As long as medical staff onboard a cruise ship are under the control of the cruise line (as they often are), the cruise line can be held responsible for the medical negligence committed by the ship’s medical staff. Some factors that can help towards proving that a cruise ship’s medical staff were under the cruise ship’s control include:

  • The cruise line advertised its medical facilities and/or medical care to passengers.
  • The cruise line hired and fired the medical staff.
  • The cruise line held out its medical facility as its own to its passengers.
  • The medical staff was required to wear the ship’s uniform and report to the ship’s captain.
  • The ship’s doctor was an officer of the ship.
  • The medical staff is directly paid by the cruise line.
  • The cruise line takes responsibility for stocking and maintaining supplies, equipment, and medications in the medical facility.
  • The cruise line bills passengers for medical services provided onboard the ship.

In addition, cruise ship passengers who fall victim to medical malpractice may be able to sue the cruise line on the basis that the cruise line hired (or retained) an unqualified person to be on staff. Technically, it may also be possible to file a lawsuit against a ship’s medical staff member directly. The problem often encountered is that most ship’s doctors and nurses are citizens of foreign countries over which the United States Courts lack personal jurisdiction.

Compensation Due to Victims for Medical Malpractice on a Cruise

Whether you suffered a heart attack, were misdiagnosed, or suffered an injury that was left untreated or adequate treatment was delayed, you may have grounds for a medical malpractice claim. Fortunately, our Miami lawyers are experts on medical negligence on a cruise and can help guide you through the complex determination of compensation, as well as get you the financial recovery you need.

Examples of medical negligence include:

  • Failure to Diagnose
  • Delayed Diagnosis
  • Delayed Response to Medical Emergency
  • Failure to Adequately Treat a Medical Issue Promptly
  • Failure to Evacuate or Divert the ship in a Medical Emergency
  • Incorrect Medical Procedure
  • Wrong Diagnosis
  • Denied Medical Treatment

Failure to treat patients correctly on a cruise is a serious accusation. For this reason, our attorneys in Miami will be looking for both current and future damages, as well as economic and non-economic damages, to cover the full range of compensation for injured cruise ship passengers.

Economic Damages

Economic damages cover any financial losses suffered because of cruise ship medical negligence. Your cruise ship injury attorneys can help you add up and estimate the value of your financial losses when a ship doctor or other medical staff fails to provide medical care appropriately for your needs.

Maritime attorneys can help those suffering from a serious injury after cruise ship medical malpractice to calculate these damages, which can include medical expenses, lost wages, and ongoing medical accommodations for an injury or illness for the injured victims.

Non-Economic Damages

When you seek out a Miami lawyer after an incorrect medical procedure on a cruise, you may be dealing with extra expenses due to their understaffed medical facilities or a lack of properly trained medical professionals. Whether you are a crew member or passenger, you may be entitled to non-economic damages, or the damages for the mental and emotional suffering you experienced.

Most cruise lines, like Royal Caribbean, do everything in their power to avoid paying for injured passengers and the trauma they have experienced. Cruise lines require certain steps be taken to get your damages for substandard medical care, but our injury attorneys are here to help you calculate these intangible damages and hold the at-fault party accountable.

How Do I File a Claim Against a Cruise Line?

When you have been injured by medical malpractice, like delay in response, having an incorrect medical procedure performed, or receiving a wrong diagnosis, your first step is to seek medical attention for your cruise ship injuries. Our Miami law firm can help you gather evidence of shipboard medical malpractice and take the first steps toward filing your claim.

Before you file a claim, you need to understand certain facets of general maritime law, like jurisdictional issues, that can impact your claim. Your lawyer in Miami will guide you through this process and file a written notice to the specific company in the cruise industry that led to your injuries.

Then, you can work with your cruise lawyer to take your claim to court. Usually, cruise negligence cases are required to be filed and handled in United States District Court. Fortunately, our Miami cruise law lawyers are very experienced Federal Court litigators and arehere to help when you are injured by a ship’s doctor.

Cruise Ship Medical Malpractice FAQ

Many cruise ships experience issues with a medical professional who fails to provide the medical attention passengers need, especially in medical emergencies. Passengers assume they are in good hands, but negligent hiring can lead to injuries sustained or even a wrongful death.

That is a difficult situation, which is where our law firm can help. If you have been injured in the cruise capital of the world, reach out to us to learn more about your injuries, how your ticket contract can impact your case, and more.

The following questions are often asked to our Miami wrong diagnosis on a cruise law firm.

Can you sue a cruise line for negligence?

Who pays for medical care on a cruise ship?

What happens if someone breaks the law on a cruise?

You Can Trust Our Cruise Ship Medical Malpractice Legal Team to Bring Negligent Cruise Lines and Liable Parties to Justice

Our cruise ship medical malpractice lawyers at Lipcon, Margulies & Winkleman, P.A. are the nation’s top-rated cruise ship accident and maritime injury attorneys. Our firm has successfully recovered over $300 million and has more than 200 years of experience advocating for cruise ship accident victim’s rights. As the country’s leading litigation attorneys with thorough knowledge of international cruise ship accident rules and regulations, we are the premier choice for injury victims ready to hold negligent cruise lines and liable parties accountable.If you or someone you love has suffered debilitating or fatal injuries caused by cruise ship medical malpractice, our team is ready to help you through these difficult times. Contact our team today when you call our office at 877–233–1238 or fill out our online contact form to schedule your 100% free and confidential consultation with an experienced cruise ship medical malpractice attorney.