Vicarious liability for medical malpractice with regard to crew

46 U.S.C. § 30528

• Title: 46 — Shipping
• Chapter: SUBCHAPTER II—EXONERATION AND LIMITATION OF LIABILITY

Text

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.

History

(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.)

Editorial Notes

The words "civil action" are substituted for "suit" for consistency in the revised title. The words "is entitled to rely on any statutory" are substituted for "shall be entitled to rely upon any and all statutory" to eliminate unnecessary words.

Editorial Notes

Amendments
2022—Pub. L. 117–263 renumbered section 30510 of this title as this section.