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Cruise ship’s doctors — company employees or independent contractors?
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Abstract
Traditionally, cruise companies have stated that they are in the transport business but not in the business of providing medical services to passengers. They have claimed not to be able to supervise or control the ship’s medical personnel and cruise ship’s doctors have therefore mostly been signed on as independent contractors, not employees. A United States court decision from 1988, Barbetta versus S/S Bermuda Star, supported this view and ruled that a ship’s owner cannot be held vicariously liable for the negligence of the ship’s doctor directed at the ship’s passengers.
Some years ago a cruise passenger fell and hit his head while boarding a trolley ashore. Hours later he was seen aboard by the ship’s doctor, who sent him to a local hospital. He died 1 week later, and his daughter filed a complaint alleging the cruise company was vicariously liable for the purported negligence of the ship’s doctor and nurse, under actual or apparent agency theories. A United States district court initially dismissed the case, but in November 2014 the United States Court of Appeals for the Eleventh Circuit disagreed and reversed. From then on independently contracted ship’s doctors may be considered de facto employees of the cruise line.
The author discusses the employment status of physicians working on cruise ships and reviews arguments for and against the Appellate Court’s decision.
Abstract
Traditionally, cruise companies have stated that they are in the transport business but not in the business of providing medical services to passengers. They have claimed not to be able to supervise or control the ship’s medical personnel and cruise ship’s doctors have therefore mostly been signed on as independent contractors, not employees. A United States court decision from 1988, Barbetta versus S/S Bermuda Star, supported this view and ruled that a ship’s owner cannot be held vicariously liable for the negligence of the ship’s doctor directed at the ship’s passengers.
Some years ago a cruise passenger fell and hit his head while boarding a trolley ashore. Hours later he was seen aboard by the ship’s doctor, who sent him to a local hospital. He died 1 week later, and his daughter filed a complaint alleging the cruise company was vicariously liable for the purported negligence of the ship’s doctor and nurse, under actual or apparent agency theories. A United States district court initially dismissed the case, but in November 2014 the United States Court of Appeals for the Eleventh Circuit disagreed and reversed. From then on independently contracted ship’s doctors may be considered de facto employees of the cruise line.
The author discusses the employment status of physicians working on cruise ships and reviews arguments for and against the Appellate Court’s decision.
Keywords
ship’s doctor, ship owner, head injury, medical malpractice, Florida jurisdiction, Barbetta, Franza, maritime medicine
About this articleTitle
Cruise ship’s doctors — company employees or independent contractors?
Journal
Issue
Pages
153-158
Published online
2016-09-27
Page views
1512
Article views/downloads
2198
DOI
Pubmed
Bibliographic record
IMH 2016;67(3):153-158.
Keywords
ship’s doctor
ship owner
head injury
medical malpractice
Florida jurisdiction
Barbetta
Franza
maritime medicine
Authors
Eilif Dahl
