South African Man Sues MSC Cruises for Medical Negligence

A newspaper in South African reports that a man cruising aboard a MSC cruise ship has sued the cruise line, Mediterranean Shipping Company, for damages after experiencing a heart attack last year. The incident took place in April of 2011 while Hilton Curgenven was sailing aboard the MSC Sinfonia.

The gist of the lawsuit is that the cruise line allegedly provided Mr. Curgenven with sub-standard care and then dumped him in a port alone on a stretcher of the wharf. He alleges that the shipboard care consisted only of giving him an injection following which he went into a coma for six weeks.  Instead of airlifting him to a hospital, the cruise ship abandoned him at port in Durban and left a MSC Sinfonia Cruise Shipnote on the stretcher diagnosing him with "severe chest pain and myocardial infarct . . . "  He claims that "thankfully, someone who knew me called an ambulance .  .  ." 

The case highlights some of the issues we have warned about in this blog, namely that the medical care on cruise ships is limited. Cruise lines are spending over a billion dollars building some cruise ships. But instead of investing in medical technology and premier doctors, the lines are paying for skating rinks, rock climbing walls, and flowrider attractions.  

The case also reveals that, as a general proposition, doctors and nurses on cruise ships are considered to be "independent contractors" for whom the cruise lines are not responsible. The ship doctors may appear and act like they are ship employees but they are characterized as independent contractors in the fine print of the cruise ship ticket.    

MSC Cruises responded to the lawsuit saying that Curgenven had entered into a contract knowing the Sinfonia was not equipped as a hospital and that medical personnel were not specialists. The cruise line also points out that Curgenven had failed to purchase his own insurance as well.

November 11, 2014 Update: Breaking News! Cruise passengers are now permitted to sue the cruise lines for medical negligence. The Eleventh Circuit Court of Appeal ruled that cruise lines are no longer permitted to assert an "immunity defense" when their ship doctors and nurses commit medical malpractice. Read: 11th Circuit Rejects Cruise Lines' Immunity Defense to Medical Malpractice Claims. Contact us for further information.

 

Photo credit: Wikipedia / Edgar Freitas

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Comments (2) Read through and enter the discussion with the form at the end
lorena - December 11, 2012 2:33 AM

thats nothing! few years ago in the time when my ship wasnt allowed to dock in mexico cos of the swine flu around may 2009, i got very sick, was confined to my cabin for days, one night woke up around 5 am shaking and feeling real bad. call the medical emergency number who was a nurse who was asleep, and told me to take an ibuprofen and fall asleep ... i was so sick that i thought i was gonna die. so everytime a crew is sick on a ship they give u ibuprofen and send u to bed. a friend injured his arm and a month went by before they send him home. we call them vets not doctors.... crew joke

Krishna Govender - May 21, 2013 3:02 AM

Last year in March 2012, my wife and other members of my family went on the Sinfonia cruise, on our early return to Durban due to a storm, our luggage that was brand new was returned to us badly damaged it was ripped in various places, wheels broken, handles missing and filthy, we were asked to fill in our details in a book and were told that they will get back to us, it has gone over a year and no answer as yet.Krishna Govender
43 Brookmanor Circle
Trenance Manor
Phoenix
4068
Cell: 0842182036
Phone: 031 5058555 / 031 9135154

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