Huge Victory for Medical Malpractice Claims Against Cruise Lines’ Physicians and Nurses

Posted by HolzbergLegal | November 17, 2014

This week the 11th Circuit court of Appeals issued a long overdue opinion in Patricia Franza v. Royal Caribbean Cruises, Ltd., overturning the Barbetta case which has prevented many otherwise meritorious negligence cases for Cruise operator/owners’ vicarious liability in medical malpractice cases committed by ships’ physicians and nurses. Here is the link to the well reasoned opinion by Judge Stanley Marcus.

This opinion pulls down the shield that all cruise lines have used since Barbetta became law, immunizing them from any medical malpractice, no matter how egregious, against passengers, by doctors and nurses hired by cruise lines. These doctors and nurses are part of every ship’s crew, typically from foreign countries, of widely different backgrounds and training, and have little to no jurisdictional contacts with the US and especially Florida where all major cruise lines require a passenger to sue them in Federal Court in Miami. Even when we have spent considerable time and money to find and serve these foreign doctors with service of process, the cruise ship’s lawyers routinely get them dismissed for lack of in personam jurisdiction. See the Mottersbaugh case.

I have rejected countless sad cases of death and lifetime significant injuries caused by ship’s doctors and nurses, in clear cases of malpractice, because of this bad precedent. Finally cruise passengers will get the justice they deserve, including at least 3 current clients whose cases, after injuries caused by negligence on the ship or on excursions were made worse, or killed because of malpractice. Bravo to Judge Marcus. Now watch RCCL appeal to the US Supreme Court and lets see what they do. Reversal would serve a gross injustice to many deserving passengers who without this decision have no remedy in court.

Image via ZTopics

Client Reviews

I was extremely pleased with the result of this offices' work. Their knowledge of the situation brought me to discover that I had further medical issues. They took time to explain what needed to be done at each...

Martha

When you want someone to take on the big guys, Holzberg Legal is who I had and would want in the fight. The big corporations have big and powerful legal teams fighting you all the way. You want the hard working...

David

Mr. Glenn Holzberg did an excellent job for my brother, Querobino, Mr. Holzberg was very active in the law suit and was determined to either go to trial or get my brother a settlement. His persistence and...

Lavinia

Thanks for all your support and professional work. You are the best.

Ekrem

I cannot recommend this legal team more. Each one was nothing short of professional from day one. I appreciate the effort from all of you! Thank you!

Ztchanellel 55

This firm helped me without any hesitation. They followed through with consistent communication. Never any negative thoughts or questions if I chose the right firm. Great experience

Elaine

I feel that Holzberg Legal handled my case well. Always available, and making sure that I understood every aspect. Rosemary, Erika, and Louis Holzberg himself were all excellent. They treated me as if I was...

Ondrei

Best attorneys out there!!

Barbie

Very helpful & friendly service!! Thanks Louis!!

Fran

I highly recommend Holzberg Legal. They provide exceptional client service, have a positive 'can do' attitude and put your wants / needs above all else. Louis ensured my experience was stress free, he was...

Teleya

I highly recommend Holzberg Legal. After suffering a serious injury while on a cruise in a foreign country and having other firms pass on my case because of its complex nature, Holzberg Legal took it on and was...

Chris

Extremely professional legal company who will do everything as they say on beginning. Louis, one of the owners is strongly recommended to represent you, and he will do everything to make sure you get your...

Misa

Outstanding customer service. Extremely knowledgeable regarding solving our case. Would use them again.

Dennis

I have known Mr. Holzberg for years. His dedication and professionalism and experience are unparalleled. I highly recommend him and his team for general personal injury and maritime work, especially cruise ship...

Bradley

Louis and his team exceeded any and all expectations while working on my case. He was very thorough, and communicated with me every step of the way. Louis was extremely patient with me in explaining things in...

Amanda

I would highly recommend Louis and his team to my family and friends. Words can’t express my gratitude for all they have done for me. They care about their clients and listen. Whenever I had any questions or...

Marisol

A Great Team to Work With! From the first time I reached out to Louis Holzberg and his team to the final settlement, I feel like I've been part of a winning team. My first conversation with Louis was like...

Kathleen

Louis was very patient and kind to me throughout this entire process and was able to obtain results that exceeded my expectations. I hope I never do this again but if I do, I hope it’s with these people.

Travis

Louis and his team are truly professionals. In a sea of mediocre attorneys/firms, Holzberg Legal stands on a mountain top. Louis always made time for any questions or concerns and consistently gave sound legal...

Matt

Holzberg's office was professional and responsive. The advice was great and took the time to call and answer all my questions. Louis made us feel confident about the matter we were dealing and he was...

Carla

So competent and professional -- answered all my questions in a very timely fashion. Always treated me with dignity and respect. I admire their integrity and would deal with them again, although I hope never...

Linda

First of all I would like to thank Holzberg Legal for their excellent work! Our daughter had an accident and was injured during cruise with one of the biggest cruise companies in the world. We've started to...

Stanislav

I highly recommend using Glenn Holzberg and team. They are extremely helpful, patient, informative and help you through every step of your case. I felt completely supported through the entire process. Even...

Penny

Holzberg Legal handled my case when others said I didn't have much of a case. Mr. Holzberg and Erika replied quickly when I had questions and kept me updated every step of the way. If you need an educated...

Nikki

I am a physical therapist who has the pleasure of speaking with Glenn, the business owner, about some of the clientele and people he works with. In my time as a PT I have made many phone calls to businesses and...

Rob

I had the opportunity to speak with Louis several times in re: to a cruise related incident I was involved in. Louis spent a great deal of time with me, on several occasions, offering professional...

Matt M.

Fantastic attorney. Highly recommended! He specialized in PI, but has knowledge and staff that work in family law as well. Came in for a consultation, and left, not only well informed, but felt that he truly...

Renee

When you want someone to take on the big guys, Holzberg Legal is who I had and would want in the fight. The big corporations have big and powerful legal teams fighting you all the way. You want the hard working...

David

Glenn knows his craft cold, he is caring, honest and posses a high degree of integrity.

Mark

Mr. Holzberg is a national authority on maritime law and frequently is sought for his expertise in complex litIgation.

Patrick

Atty. Glenn J. Holzberg represented my wife for a personal injury claim (boat accident). It was our first and only lawsuit so we didn’t know which attorney to secure. Then one of our attorney friends...

Anonymous

Mr. Holzberg represented me in a slip and fall injury which occurred on a cruise ship. The style and placement of the deck chairs on the ship was called into question as to safety. Due to the nature of...

Doris

Fantastic attorney. Highly recommended! He specialized in PI, but has knowledge and staff that work in family law as well. Came in for a consultation, and left, not only well informed, but felt that he truly...

R.D.

Contact Us

  1. 1 Free Consultation
  2. 2 Over 40 Years Experience
  3. 3 International Skype Available

Fill out the contact form or call us at 305-668-6410 to schedule your free consultation.

Leave Us a Message