Who Do I Sue If a Robotic Surgical Device Injures Me?
Surgeons have a tremendous responsibility to their patients to take all available steps to protect the patient during surgery. One way a surgeon protects his or her patient is to use sound, proven technology that helps the doctor perform surgery safely and effectively. One of the technological advances some surgeons are using is autonomous robotic surgery (ARS) devices.
Many healthcare facilities in the United States are installing ARS devices in their surgical rooms. Some proponents of the medical devices claim that an ARS helps the surgeon to be more accurate during surgery which can protect the patient from mistakes. They also claim that the patient’s stay in the hospital and recovery time can be shorter when an ARS is used during surgery.
What Happens When a Patient is Injured?
Mistakes happen during surgery. Thousands of lawsuits have been filed alleging medical malpractice and defective medical devices. Determining whether the doctor or the device is to blame can be difficult. Some legal advocates argue that the doctor continues to be liable because he is a “learned intermediary” using the tool. However, other legal advocates state that the medical device manufacturer is responsible if the injury is caused because the device is defective.
As claims and lawsuits against ARS manufacturers and doctors continue to be filed for injuries sustained during surgery, the law regarding these medical devices will continue to define the legal issues regarding autonomous robotic surgery devices. Attorneys who handle defective medical device lawsuits will be watching the litigation concerning these medical devices very closely.
Our defective medical device attorneys are currently representing clients in claims for injuries caused by several medical devices including:
If a defective medical device has injured you, we encourage you to contact our office for a free case review with a nationwide defective product attorney.
Lawsuits Regarding Autonomous Robotic Surgery Devices
There have been several lawsuits filed against medical device manufacturers for ARS devices. Lawsuits against Intuitive Surgical allege several causes of action. Plaintiffs allege that the da Vinci Surgical System is dangerous. Patients allege the device caused them to suffer permanent injuries, disfigurement, and disabilities. Lawsuits have been filed in both state and federal courts in the United States. In late 2017, multiple product liability lawsuits were pending against Intuitive Surgical across the country.
Injuries reported by plaintiffs include organ perforation, additional surgery, tears, bowel prolapse, infections, severed ureters, organ damage, burns, sepsis, peritonitis, and death. A study of the adverse events reported in robotic surgery to the FDA concluded that complications and technical difficulties continue to occur during procedures.
If there were complications during your surgery, you could be entitled to compensation if your injury was because of a defective medical device. It is important to consult with an experienced medical device lawsuit attorney to discuss your case. Your time to file a claim for defective medical devices is limited by law.
Call for a Free Case Review
If you believe a defective medical device caused your injury, we want to hear from you. The attorneys of The Fox Law Firm, P.C. are based in Dallas, TX. However, we are a nationwide product liability law firm. We represent clients throughout the United States.