Petition for certiorari filed in cruise line medical malpractice case
A petition for certiorari has been filed with the Supreme Court of the United States, asking the Court to reconsider whether a cruise line may be held liable for the medical malpractice of the physicians it hires. Earlier this year, the Florida Supreme Court held that the cruise line would not be held liable because the cruise line disclaimed liability for the doctor in the fine print on its cruise tickets and because of the Fifth Circuit case of Barbetta v. S.S. Bermuda Star. In the petition, lawyers for the girl injured by the doctor’s medical malpractice argue that Barbetta should be overruled because it is based on the assumption that a sick passenger at sea somehow has a meaningful choice of physicians to choose from.
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