| Vicarious Liability and Medical Malpractice Medical malpractice arises when a party such as a hospital, physician, nurse or other medical professional fails to follow a standard of care. The issue that often arises in a negligence or malpractice lawsuit is the liability of the employer for the acts of the employee. This concept is known as vicarious liability, where the employer is placed in a position of answering for the actions of the employee. It is also known as respondeat superior, coming from the Latin, “let the master answer.” The legal concept of vicarious liability is well-established in U.S. law. However, situations arising aboard cruise ships can be subject to maritime law. U.S. federal court decisions have generally not applied vicarious liability to the acts or omissions of shipboard physicians. That position was followed by the Supreme Court of Florida in a case involving a claim of negligence. During a family’s cruise aboard a Carnival cruise ship, their child became ill with abdominal pain, lower back pain and diarrhea. She was seen several times in the cruise ship’s hospital by the ship’s physician. The physician assured the family that the child was suffering from the flu and not appendicitis. The family returned home where the child was diagnosed with a ruptured appendix and rendered sterile. The family filed a lawsuit against the cruise line and the doctor. Ultimately on appeal, the suprememc ourt held that the ship owner is not vicariously liability under the theory of respondeat superior for the medical negligence of the shipboard physician. Read the court’s decision by clicking the linked text to Carnival Corporation, as Petitioner, vs. Darce Carlisle, Respondent, under the Supreme Court of Florida. Copyright 2006 - Copyright Warning Rights reserved - U.S. Copyright Law Carries Criminal & Civil Penalties for Infringement - 17 U.S.C. § 506 and 18 U.S.C. § 2319 |
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