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You represent the insurance company for Carneeval Cruise Lines. Carneeval has been served with the following Complaint, and the insurance company wants a preliminary assessment

You represent the insurance company for Carneeval Cruise Lines. Carneeval has been served with the following Complaint, and the insurance company wants a preliminary assessment of its exposure. The Complaint makes many factual allegations but fails to explicitly identify any causes of action. Assess all the legal theories that PLAINTIFF might bring against Carneeval.

  1. PLAINTIFF contracted for a seven-day cruise with CARNEEVAL on its vessel the GOOD SHIP LOLLIPOP to begin July 21, 2014. The subject cruise began and ended within the territorial waters of the State of Florida, specifically, Tampa, Florida.
  2. While on the cruise, specifically in the casino bar on the LOLLIPOP, the PLAINTIFF slipped and fell on a substance and injured her body and extremities.
  3. As a result of the fall, PLAINTIFF was injured in and about her body and extremities, suffered pain therefrom, incurred medical expenses in the treatment of the injuries, suffered an aggravation of a preexisting condition, and suffered a physical handicap. Her working ability has been impaired and she has lost time from work, so her earning capacity has been diminished. Her injuries are permanent and continuing in nature, and she will continue to suffer these losses and impairments in the future. A fair assessment of PLAINTIFF's damages exceeds $100,000 and continues to grow while she remains unable to perform her normal functions as a law enforcement officer with the L.A.P.D.
  4. On Expedia.com and other travel sites, CARNEEVAL has represented that it supplies a fully qualified medical staff, including doctors, nurses and technicians, and a fully equipped, adequately stocked, infirmary/clinic/medical facility on board the LOLLIPOP to examine and treat passengers such as the PLAINTIFF should they become injured, sick, or infirm during the voyage.
  5. CARNEEVAL's medical staff signs onto the ship as members of the crew with contracts as officers or crew with titles and rank. CARNEEVAL gives them uniforms identifying them as members of the crew, addresses them as staff crew members by rank and title, and requires its medical crew to devote their work time exclusively to treating and examining passengers and other crew members.
  6. CARNEEVAL provided its medical crew with the space designated as clinic/infirmary/medical facility to work in and further equipped them with the supplies needed to carry out their 'only mission' on the voyage, which was to examine, treat, and care for passengers and crew. CARNEEVAL mandates the hours of operation of the clinic/infirmary/medical facility.
  7. CARNEEVAL employs a licensed physician whose job it is to screen potential ship's physicians, review their credentials, check their references, review prior performance, and determine suitability for employment or continued retention as ship's physicians.
  8. CARNEEVAL employs a Medical Credentialing Committee to screen its medical crew. CARNEEVAL's "AGREEMENT' with its physicians for Shipboard Physician Services allows them to be terminated for cause which includes "malfeasance...or failure to perform duties to the satisfaction of CARNEEVAL." Furthermore, "such causes will be determined solely at the discretion of CARNEEVAL."
  9. Because CARNEEVAL operates dozens of cruise ships throughout the waterways of the world, CARNEEVAL's Credentialing Committee has been able to screen and investigate the training, experience, and qualifications of only some of its medical personnel.
  10. Because CARNEEVAL hires doctors, nurses, and other health care professionals from many different countries to work on geographically dispersed ships, it has not undertaken to train them or to require ongoing continuing medical education.
  11. On board all their ships, including the LOLLIPOP, all medical attention comes from CARNEEVAL's medical crew as no one who is not on the staff is allowed to practice or perform medical care on passengers and crew, and there are no alternative independent medical providers or medical facilities on board. CARNEEVAL's medical crew enjoys all of the rights and benefits of other crew members and additionally receive full medical benefits.
  12. CARNEEVAL's AGREEMENT with its physicians allows that "if a ship's physician fails to 'execute' duties satisfactorily in the discretion of CARNEEVAL's shipboard management, he can be 'terminated.'"
  13. Nevertheless, CARNEEVAL rarely reviews its medical staff's professional performance, and has never terminated a medical staff member for conduct not measuring up to CARENEEVAL's professional standards.
  14. CARNEEVAL did not have on board the LOLLIPOP all the equipment necessary to diagnose and treat the PLAINTIFF's injury, namely an adequate and working x-ray machine, MRI machine, and qualified staff to perform body scans, interpret the results, and provide appropriate care to PLAINTIFF.
  15. CARNEEVAL's medical crew failed to timely and accurately diagnose the PLAINTIFF's injury, failed to timely triage her injury and provide for appropriate examination, testing, and treatment by another means where they did not have the means, expertise, or qualifications to properly perform those functions on board the LOLLIPOP in a timely manner.
  16. As a result of the delay in receiving effective treatment, PLAINTIFF's initial injury was exacerbated, and this has affected her ability to timely recover from this injury. The delay has also caused additional necessary medical care, treatment, operations, therapy, and medical expenses, and she has been left with an injury that causes her to lose earning capacity, undergo pain and suffering, and lose the capacity to enjoy life. All of these losses will continue in the future. She has suffered a physical handicap, permanent impairment, and aggravation of pre-existing conditions, and these will continue in the future as well.

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