The Nation’s Leading Cruise Ship Medical Malpractice Law Firm Helps Cruise Ship Injury Victims Across the Globe Demand Justice
Lipcon, Margulies & Winkleman, P.A. first opened its doors back 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 successfully handled more than 3,000 cases and are proud to report that four of our maritime attorneys were named to “Best Lawyers” ®, “Lawyer of the Year” ® in Admiralty and Maritime (Miami), and Lipcon, Margulies & Winkleman, P.A. was named as one of the “Best Law Firms” ® in America by US News & World Report every year since 2016. Our high success rates and unparalleled confidence make us uniquely qualified to help you and your family demand the compensation you are owed as a victim of cruise ship medical malpractice.
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.
Continue reading to learn more about our cruise ship medical malpractice legal services and how we can get you the compensation you are due. Call our office for a free consultation today so we can start building a powerful case against the liable party.
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
- Delayed diagnosis
- Failure to provide proper and prompt medical care
- Failure to properly monitor patient conditions
The Nations Leading Cruise Ship Law Firm’s Experience With International Medical Negligence Cases
Lipcon, Margulies & Winkleman, P.A. has decades of experience in bringing cases against cruise lines. In 2003, we were successful in winning a landmark case in front of the Third District Court of Appeals in Florida, obtaining a ruling that allowed our clients to proceed with a case to sue Carnival Cruise Lines for medical malpractice committed by onboard medical staff. In this case, a 14-year-old girl traveling on a Carnival Cruise ship with her family was suffering from appendicitis, but the ship’s physician insisted that she did not have appendicitis and was instead only sick with the flu. The family ended up leaving the cruise early to get their daughter medical attention, and it was discovered that she had suffered a ruptured appendix and a subsequent infection that gave her permanent damage. Since then Lipcon, Margulies & Winkleman, P.A. have handled hundreds of cases involving negligent shipboard medical care.
LM&W has brought multiple cases against Carnival, Royal Caribbean, Celebrity, Norwegian, Princess, and Holland America for medical malpractice on behalf of passengers who had suffered serious medical events such as strokes, heart attacks, respiratory distress, and infections onboard cruise ships and had been misdiagnosed and improperly treated by the ship’s medical staff, thereby suffering further injury or death. We brought a case on behalf of a man who slipped and fell in his cabin’s shower, was brought to the onboard medical facility, and was diagnosed as having a sprained neck rather than his actual injury of multiple spinal fractures and subdural hematomas, which were left untreated for the remainder of the cruise resulting in serious complications for the passenger.
Who Is Liable In A Medical Malpractice Case Aboard A Cruise Ship
As long as medical staff onboard a cruise ship are acting as employees of the cruise line rather than as independent contractors, the cruise line can be held liable for medical malpractice committed by their staff. Some factors that can help towards proving that a cruise ship’s medical staff were acting as employees include:
- The cruise line advertised its medical facilities and/or medical care to passengers.
- The cruise line hired and fired the medical staff.
- 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. However, the cruise lines often indemnify (provide a contractual agreement requiring them to pay for the negligence of) shipboard doctors and nurses. The lawyers at LM&W have successfully handled these complex issues of jurisdiction and indemnification involving the ship’s doctors and nurses to obtain compensation for passengers who have suffered medical malpractice onboard.
Can You File A Medical Malpractice Claim Against a Cruise Ship Doctor?
For many years, the prevailing legal opinion was that passengers on board sailing vessels could not reasonably expect to have access to equivalent medical care that they might expect onshore. In 2014, however, the 11th Circuit Court of Appeals ruled that modern cruise ships should no longer be protected from medical malpractice claims, as long as the cruise line exercised elements of control over the medical care onboard – this includes the equipment (or lack of equipment) onboard, the vetting of ship’s doctors and nurses, and the establishment of policies and procedures controlling medical care decisions onboard.
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.