Yes. However, you may encounter procedural challenges, as oftentimes cruise ship doctors are foreign nationals. Nonetheless, you may still be able to hold the cruise line liable in Florida or other U.S. federal courts. Here is what you need to know.
The case that changed the norm
Initially, most cruise lines were not liable for deaths that resulted due to negligence of the doctor onboard. However, the legal landscape changed with Franza v. Royal Caribbean Cruises Ltd. The U.S. Court of Appeals for the 11th Circuit declared that the cruise lines can be held vicariously liable if a plaintiff proves the medical staff acted as apparent agents of the cruise line.
What are the challenges?
Cruise ship liability claims are often difficult to achieve. For example, if the death occurred three nautical miles away from the U.S. shore, you may not be able to recover noneconomical losses (such as emotional distress, loss of companionship, etc) according to the Death on High Seas Act (DOHSA). Furthermore, cruise lines may reject the claim by arguing that the medical staff onboard are not their employees/agents and therefore, they are not liable.
Protect your rights
Wrongful death on a cruise ship is a tough nut to crack. In addition to legal technicalities, obtaining discovery and medical evidence from foreign-flagged ships can present significant procedural hurdles. That is why consulting an attorney experienced in maritime law could be a prudent move. They can help you review your passenger ticket contract and maritime laws to protect your rights.