46 U.S.C. § 30528 — Vicarious liability for medical malpractice with regard to crew

submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 104 words · no verdicts yet

in plain englishAI-generated · not legal advice

If a vessel owner is sued for medical malpractice by a shoreside doctor or hospital treating a crewmember, the owner can use that doctor's or hospital's own liability limits. This applies to the part of any damages caused by the shoreside provider's conduct. The limits used are whatever state law set where the care happened.

This is one undivided provision. If someone sues a vessel owner or operator, or a crewmember's employer, claiming they are vicariously liable for medical malpractice involving a crewmember at a shoreside facility, then — to the extent the damages came from the conduct of a shoreside doctor, hospital, medical facility, or other health care provider — the owner, operator, or employer can rely on whatever statutory liability limits apply to that doctor, hospital, medical facility, or provider in the state where the shoreside medical care happened.

the actual law source: uscode.house.gov ↗public domain

In a civil action by any person in which the owner or operator of a vessel or employer of a crewmember is claimed to have vicarious liability for medical malpractice with regard to a crewmember occurring at a shoreside facility, and to the extent the damages resulted from the conduct of any shoreside doctor, hospital, medical facility, or other health care provider, the owner, operator, or employer is entitled to rely on any statutory limitations of liability applicable to the doctor, hospital, medical facility, or other health care provider in the State of the United States in which the shoreside medical care was provided.

Source credit: (Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1515, § 30510; renumbered § 30528, Pub. L. 117–263, div. K, title CXV, § 11503(a)(3), Dec. 23, 2022, 136 Stat. 4130.)

history & why it existsrecord from the source credit

2006Enacted · Pub. L. 109-304 · 120 Stat. 1515
2022Amended · Pub. L. 117-263 · 136 Stat. 4130

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.

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