Ships' Doctors and Is It True?

[Capt_BJ]

DR requirements are up to the flag state ....

 

USCG requirements to NOT cover doctors

[chengkp75]

DR requirements are up to the flag state ....

 

USCG requirements to NOT cover doctors

 

Actually, as I've said, its an IMO requirement, via the MLC 2006.

[Hlitner]

The issue of the quality and training of a physician really is fascinating. There do not seem to be any firm international standards and cruise lines follow their own policies. For example, HAL now will only use Board Certified Emergency Room Physicians (Traumatoligists) who are licensed in either the USA or Canada. We have been on other cruise lines that use European physicians who may or may not be ER docs. And then there was a cruise we took (a few years ago) on Princess where the ship had 2 physicians who were both from South Africa...and both were quite young. Although these docs were from a country that turns out excellent physicians, they were not specialists in emergency medicine.

 

There are some interesting legal issues with medical care delivered on ships. Up until recently, the cruise lines were very successful in blocking any mal-practice suits (whether deserved or not) by simply invocating international maritime law. But finally, a US Court decided to hold a cruise line accountable for medical care and this decision might "change everything" when it comes to lines that call at US ports. We know of one cruise line which has recently changed its policy on hiring medical staff and would suspect others are taking a good look at their own policies. Here is a link on the recent legal decision

 

http://www.cruiselawnews.com/tags/doctor/

 

Hank

[Capt_BJ]

Actually, as I've said, its an IMO requirement, via the MLC 2006.

 

there is no such thing as an IMO requirement

 

unless codified in local law ......

 

to wit ....

 

where is the IMO police force to enforce the rules?

 

IMO makes RECOMMENDATIONS as collected in SOLAS ..... in the US the SOLAS recommendations that come from IMO are the basis of most maritime regulations .... US regulations are enforceable in US waters. IMO recommendations are not.

 

as a cop on the high seas I had very very limited jurisdiction to enforce any of this . . . . I had to consistently consider the three elements of jurisdiction . . .

 

and that IS what it is all about. You can have all the rules you want but without a police force and a court system to enforce all you are doing is blowing smoke . . . .

[chengkp75]

there is no such thing as an IMO requirement

 

unless codified in local law ......

 

to wit ....

 

where is the IMO police force to enforce the rules?

 

IMO makes RECOMMENDATIONS as collected in SOLAS ..... in the US the SOLAS recommendations that come from IMO are the basis of most maritime regulations .... US regulations are enforceable in US waters. IMO recommendations are not.

 

as a cop on the high seas I had very very limited jurisdiction to enforce any of this . . . . I had to consistently consider the three elements of jurisdiction . . .

 

and that IS what it is all about. You can have all the rules you want but without a police force and a court system to enforce all you are doing is blowing smoke . . . .

 

My understanding is that each country does enact legislation to adopt the IMO's requirements, and if your country is a member of the UN, you agree to live by the IMO's requirements. I know that the US was one of the last nations to ratify SOLAS because the USCG did not want to be saddled with a set of requirements that was less stringent than their current regulations. Once the IMO clarified that nations could enforce stricter statutes on their own flagged ships, the US ratified.

 

And I disagree that the US regulations are enforceable in US waters. USCG regulations for US flag ships are far stricter than the IMO requirements, but as a port state, the USCG can only enforce the IMO requirements on a foreign flag ship, rather than the far stricter USCG requlations. As an example, the USCG "plans" to board all cruise ships twice a year for port state inspections, as limited by budget and ship scheduling. In contrast, USCG regulations for cruise ships flagged US requires a quarterly inspection.

[sail7seas]

The issue of the quality and training of a physician really is fascinating. There do not seem to be any firm international standards and cruise lines follow their own policies. For example, HAL now will only use Board Certified Emergency Room Physicians (Traumatoligists) who are licensed in either the USA or Canada. We have been on other cruise lines that use European physicians who may or may not be ER docs. And then there was a cruise we took (a few years ago) on Princess where the ship had 2 physicians who were both from South Africa...and both were quite young. Although these docs were from a country that turns out excellent physicians, they were not specialists in emergency medicine.

 

There are some interesting legal issues with medical care delivered on ships. Up until recently, the cruise lines were very successful in blocking any mal-practice suits (whether deserved or not) by simply invocating international maritime law. But finally, a US Court decided to hold a cruise line accountable for medical care and this decision might "change everything" when it comes to lines that call at US ports. We know of one cruise line which has recently changed its policy on hiring medical staff and would suspect others are taking a good look at their own policies. Here is a link on the recent legal decision

 

http://www.cruiselawnews.com/tags/doctor/

 

Hank

 

 

HAL sails with two doctors. One is designated crew and one passenger though certainly if one is needed to treat pax vs crew, it happens. The crew MD is usually Filipino, I believe.

 

[chengkp75]

The issue of the quality and training of a physician really is fascinating. There do not seem to be any firm international standards and cruise lines follow their own policies. For example, HAL now will only use Board Certified Emergency Room Physicians (Traumatoligists) who are licensed in either the USA or Canada. We have been on other cruise lines that use European physicians who may or may not be ER docs. And then there was a cruise we took (a few years ago) on Princess where the ship had 2 physicians who were both from South Africa...and both were quite young. Although these docs were from a country that turns out excellent physicians, they were not specialists in emergency medicine.

 

There are some interesting legal issues with medical care delivered on ships. Up until recently, the cruise lines were very successful in blocking any mal-practice suits (whether deserved or not) by simply invocating international maritime law. But finally, a US Court decided to hold a cruise line accountable for medical care and this decision might "change everything" when it comes to lines that call at US ports. We know of one cruise line which has recently changed its policy on hiring medical staff and would suspect others are taking a good look at their own policies. Here is a link on the recent legal decision

 

http://www.cruiselawnews.com/tags/doctor/

 

Hank

 

Unfortunately, what I think this will do is to force the cruise lines to change their venue for litigation away from the Southern District of Florida to some offshore country, like their flag states of Panama and the Bahamas. The decision as to where to hear liability cases is voluntary for the companies, just look at Costa where their ticket contract calls for Italy to be the venue. The US based lines went to Southern Florida District because in the past it had been friendly to them.