Cruise Ships No Longer Exempted From Medical Malpractice Suits

A decision by the Atlanta-based federal appeals court will overturn years of exemptions for medical care onboard cruise ships.

The “Barbetta ruling” of 1988 codified that cruise ships could not be sued for medical malpractice. The courts had said, “passengers should not expect the same level of medical care on a ship as on land” and the medical professionals onboard cruise ships were private contractors that did not fall under the cruise line’s direct control.

The ruling from the Eleventh Circuit Court of Appeals discards the rule and said that changes in the cruise ship industry and advances in communication have changed the terms of exemption that cruise lines have operated under. Cruise lines should no longer be protected from allegations of negligence by ship’s medical personnel.

“We can discern no sound reason in law to carve out a special exemption for all acts of onboard medical negligence,” wrote Circuit Judge Stanley Marcus in the decision. “Much has changed in the quarter-century since Barbetta.”

The ruling is of great import to the cruise ship industry. Most American cruise lines are based in Miami, Florida, falling under the Eleventh Circuit Court’s jurisdiction which has often ruled on medical negligence compensation.

The suit was brought by Patricia Franza who sued Royal Caribbean Cruises after her father suffered an accident and died on a cruise in 2011. According to the lawsuit, Pasquale Vaglio fell and struck his head while on the cruise. He was examined by a nurse in the ship’s infirmary. The nurse did not recommend or conduct a diagnostic scan of Mr. Vaglio.

Mr. Vaglio’s condition worsened after he returned to his cabin. Four hours after notifying the medical personnel about his deteriorating condition, Vaglio was examined by the ship’s doctor and airlifted off of the ship to a hospital in Bermuda.

According to the decision, the delay in treatment meant that “Vaglio’s life was beyond saving.” He was airlifted to a hospital in Mineola, New York and died a week later.

“What we didn’t realize until this happened was that they have zero liability,” said Joseph Vaglio, son of Pasquale Vaglio and a pharmacist who lives in New York. “There is no way they should be getting away with this. They are making money hand over fist. Part of their cost of doing business should be to have a competent medical staff.”

Hot this week

Did David Wineland and Serge Haroche Steal Idea For The Nobel Physics Prize?

Dr. Omerbashich says the Royal Swedish Academy is a Crime Scene and he has the proof that Nobel laureates stole his discovery.

New Approaches to Disaster Relief Challenges

Disaster relief has always been a challenge. NASA, Google,...

3 Legitimate Money Making Methods to Supplement Your Income

In a perfect world, when your landlord raises your...

2016 Predictions by World Renowned Medium and Psychic Lindy Baker

World renowned medium and psychic Lindy Baker is interviewed by The Hollywood Sentinel, discussing psychic power, the spirit world, life after death, areas of concern in 2016, and much more.

Digital Coupon Customers Spending More Than Double At Stores

A new study shows that customers who use digital coupons go shopping more for groceries and other household goods more often and spend more on their shopping trips.

The DNA Company Takes Functional Genomics Beyond DNA Reports

The DNA Company connects genetic data, scientific review, education and personalized support under CEO Tracy Wood.

The Neck Ages First, and Surgeons Now Treat It on Its Own

Neck lifts are growing faster than facelifts in the US. The approach at FACES+ in San Diego shows why the neck has become the starting point.

The Jewish Nation, The Fight Ahead

The Jewish Nation is in the fight of its life as the next election looms on October 27, 2026, when the people will elect all 120 members of the 26th Knesset.

Professional Garage Door Service of Florida: Repair & Installation

Maintaining a fully functional, highly secure garage door is...

Back-to-School Shirts & Uniforms: A Smarter 2026 Buying Guide

Recent changes in the United States have influenced back-to-school buying behavior. Families, schools, and apparel businesses are paying closer attention to value, durability, comfort, and long-term usability. According to the National Reta

Practitioners Flag Anxiety Ahead of Digital Distraction in Adult Focus Survey

Practitioners flagged anxiety and racing thoughts more often than digital distraction as barriers to adult focus in a 106-person survey.

How Men Compare On-Demand and Daily ED Prescription Options

On-demand and daily prescription strategies solve different calendars. One...

Related Articles

Popular Categories