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A recently filed lawsuit in the Federal Court in Miami alleges that the medical staff aboard the Carnival Legend, a ship that is part of the Carnival Cruise Line, committed medical malpractice. On September 6, 2006 cruise passenger, Helen Kerr, 73, was reportedly misdiagnosed and mistreated while suffering from a fluid buildup in her lungs.

According to the complaint, Ms. Kerr went to the infirmary on the ship where they pumped her full of more fluid, causing her to drown.

Holland America and other carriers have long sought to immunize themselves from liability by trying to characterize their doctors as independent contractors. However, courts are increasingly willing to hold cruise lines like Holland America negligent for treatment provided aboard ship which falls below the standard of care.

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.

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