The maritime industry has traditionally had its own nuances when it came to issues pertaining to the relationship between a cruise ship and onboard medical staff. Courts often refer to the case of Barbetta v. SS Bermuda Star in citing to the prevailing law that a ship owner is not liable to a passenger for the negligence of a ship’s medical staff to the extent that it provided a reasonably competent doctor.
However, the recent decision by the U.S. Court of Appeals for the Eleventh Circuit in Franza v. Royal Caribbean Cruises marks a dramatic shift from this protection. Passenger vessels and cruise lines now must find a way to understand and protect themselves from this potential source of liability.
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