Recently, an appellate court ruled that physicians and practices providing health care services on cruise ships can be sued for medical malpractice. The ruling comes after a cruise line passenger died from head trauma following a fall on a docked ship in Bermuda.The passenger sought and received medical treatment on board but later slipped into a coma and died. The family of the passenger sued in U.S. District Court and lost. An appellate court, however, ruled in the family’s favor.
Historically, cruise lines, and the physicians by proxy, were protected under maritime law against negligent care, but the ruling has opened the door for additional suits to come forward.
From the ruling, the court found that the “Barbetta” rule, the rule that provides immunity to the ship and staff from negligence, to be outdated. The current state of medical technology and cruise ship tourism has increased significantly since the rule’s inception, and the court found that the industry should be aware and held accountable.
“The ‘Barbetta’ rule dates back to the early days of cruise ship tourism. The lack of adequate medical attention was common, and physicians were broadly protected. Today’s advances in areas such as telemedicine, computers and the like mean better and more adequate care, but it also means a physician can be much more liable under malpractice suits,” said Michael Kataf of Nexus Insurance Services.
It is not clear if the physician and staff are employees of the cruise line or like many physicians in the U.S., independent contractors who are independent of the hospital or affiliated institution. Regardless, the ruling is one that many physicians and in-training physicians should take note of.
“The cruise ship industry has some excellent opportunities for medical practice in addition to being able to see the world, but the changes in the laws are likely to make many seek alternative venues for their practices. Proper medical insurance, however, protects the physician and staff from frivolous and genuine lawsuits,” said Kataf.
Kataf and his team specialize in medical malpractice insurance for all sorts of physicians, ranging from family practice to neurosurgery; there is a plan and policy for any need. To learn more or to receive a free, no obligation quote, visit http://www.nexus-insurance.net.
About Nexus Insurance Services
Nexus Insurance Services is a professional insurance broker that has helped many doctors, lawyers, realtors, and business owners gain access to insurance providers for their practice or business. The company's mission is to be a firm that brings real value to clients, builds personal relationships on top of business ones, and always conducts itself with sincerity, integrity and fairness. Because of the relationships with many providers, the company is able to shop a client's application around to get the best rates. Contact Nexus Insurance for a free, no obligation quote for medical malpractice insurance, professional liability insurance, or workers compensation insurance. For more information, visit: http://www.nexus-insurance.net