Robotic surgery is becoming much more popular as new innovations become available on the market. But it also creates a bit of an investigative challenge for medical malpractice attorneys who litigate cases against negligent doctors. If the doctor uses the technology incorrectly and injures their patient, that may be grounds for a medical malpractice lawsuit. But what happens if the technology itself fails? Then, the attorney must sue the company that engineered the technology directly.
Advantages of Robotic Surgery
Robotic surgical equipment is used when manipulation by a surgeon is laborious or difficult. In cases where robotic technology can complete the process more efficiently, robotic technology is used instead of a surgeon’s hands. This is preferable for surgeries that last hours because robotic hands do not fatigue. This means that patients can expect surgeries to be shorter and require less anesthetic.
Disadvantages of Robotic Surgery
Robotic surgery is relatively new on the scene and while it shows promise in practice, there are downfalls to electing to have any novel technology used in a procedure. Firstly, robotic hands are not infallible. Sometimes the equipment breaks or fails to respond in a manner that would be expected by the surgeon operating the tools. Broken components can find their way inside of patients, and in other cases, electrical issues may contribute to an injury.
Liability in Robotic Surgery
When a patient experiences an adverse medical event in any surgery, an investigation is conducted to determine whether or not there was medical malpractice. Medical malpractice requires that a plaintiff prove that the doctor did not abide by the prevailing standard of care in their area of practice. Often, potential plaintiffs believe that any type of adverse medical event is medical malpractice, but that simply is not true. The plaintiff must show where the doctor deviated from the prevailing standard of care.
This can be much more difficult when a doctor is aided by a mechanical instrument, like a robot, that essentially performs the surgery itself with the aid of the doctor. In many of these cases, the doctor can do everything correctly and an adverse medical incident could occur simply because the technology failed.
Talk to a Tampa Medical Malpractice Attorney Today
If you’ve been injured by a negligent medical doctor or a defective piece of medical equipment, call the Tampa medical malpractice attorneys at Palmer | Lopez today and schedule a free consultation. We may be able to recover damages for your injuries.
Resource:
roboticstomorrow.com/article/2020/04/the-future-of-robotics-and-liability-who-is-responsible/15130
