Carnival Cruise Accused of Hiring Unlicensed Doctor
It’s no secret that medical services aboard cruise ships are the cause of several lawsuits. Now, however, Carnival Cruise is being accused of hiring an “unlicensed” doctor to treat patients aboard their ship. A widow is claiming that her husband died after being treated by an unlicensed doctor aboard a Carnival Cruise ship. She has filed a wrongful death lawsuit against Carnival Cruise.
In 2018, Daniel and Mary Ann Murphy boarded a Carnival Cruise ship at the port of New Orleans in 2018. They had purchased a week-long cruise deal. During the cruise, Daniel Murphy began experiencing some form of discomfort and headed to the ship’s infirmary. He complained of chest pains, sweating, chills, a stomach ache, and muscle weakness. Dr. Chenna Kesava Reddy Yenuga Mandi told him to go back to his cabin and recommended 24 hours of rest. The doctor allowed Murphy to go ashore to Cozumel without examining him further.
While in Cozumel, Murphy suffered a heart attack and later died at a CostaMed hospital. Mary Ann Murphy is suing Carnival Cruise lines alleging that her husband’s doctor misdiagnosed the heart attack as a stomach flu. They further allege that Dr. Mandi is not licensed to practice medicine, which is a requirement of the American College of Emergency Physicians.
Carnival has responded by defending Dr. Mandi’s qualifications and filed a motion to dismiss based on the lack of supporting evidence for Mrs. Murphy’s claims.
Logistically, it doesn’t matter if Dr. Mandi was a licensed physician or not. If the doctor misdiagnosed the condition and this led to fatality, an inquiry will need to determine whether or not there was medical malpractice. A medical malpractice lawsuit requires the plaintiff to show that the doctor providing medical services violated a reasonable standard of care for the profession. In other words, they must show that the diagnosis was way off base and a reasonable doctor in the same position would not have made that mistake.
However, if Dr. Mandi is unlicensed or not certified to practice medicine, then Carnival Cruises has a more serious problem on their hands. The plaintiffs can sue for gross negligence as Carnival Cruises failed to perform a routine background check that would have prevented an unqualified doctor from being in charge of patient care. Had they done so, Mr. Murphy might still be alive.
Analyzing the Claim
The lawsuit against the cruise line is founded on both the allegation that Dr. Mandi misdiagnosed Mr. Murphy and that Dr. Mandi was not licensed to practice medicine. These two claims are separate. The one claim can recover damages related to wrongful death, but the other claim will act as a multiplier to recover punitive damages from the cruise line. This is a case worth watching.
Talk to a Houston Cruise Line Liability Attorney Today
If you’ve been injured aboard a cruise ship or onboard medical services failed to properly diagnose and treat your condition, you are entitled to sue for damages related to death or injury. Talk to the Houston personal injury attorneys at Livingston & Flowers today for a free consultation.