4265 San Felipe # 1000
Houston, TX 77027

REICH & BINSTOCK BLOG

Can I Sue a Robotic Surgical Device Manufacturer for my Injuries?

Facebook
Twitter
LinkedIn

Table of Contents

Nowadays, doctors aren’t always the ones with their hands on the scalpel cutting into your body during a surgery, but instead, it’s a robot guided by a doctor in another room, city, or state instead. This leads many patients to wonder what avenues they can pursue if an autonomous robotic surgical device malfunctions, botches a surgery, or otherwise maims or kills them.

Autonomous Robotic Surgery

The performance of autonomous robotic surgery (ARS) is on the rise in the United States and around the world. Health care administrators have begun outfitting their medical facilities with this cutting-edge technology as a way of outdoing their competition and improving patient care.

Speaking of improved patient care, ARS has been touted as being more accurate than physicians, leaving patients with quicker recovery times, and thus, shorter stays in the hospital.

While all of the benefits that ARS is reported to have are good and well, what happens when technology doesn’t do as it’s supposed to and someone gets hurt?

Historically speaking, doctors have been responsible for explaining the inherent benefits and risks associated with performing one procedure versus another before moving forward with it.

Even when performing surgery using a certain instrument or device, doctors have been labeled as “learned intermediaries,” and therefore, responsible for shouldering the majority of the liability related to its use.

ARS Manufacturer to Blame?

While it would seem that the use of ARS would instead shift blame to the manufacturer of the robotic technology, many legal experts argue that it would not. Instead, since the doctor would be the one advising the patient of the risks associated with surgery and overseeing the operation of the device, he or she would continue to be responsible for its failures.

Given that ARS is relatively new at most medical facilities, it’s likely that many legal cases will be fought over whether a doctor or the robotic surgical equipment manufacturer should be held liable for negligence that results.

If you’ve been permanently injured by faulty surgical equipment or poorly designed product left in you, then a Houston defective medical device attorney can advise you of your right to sue its manufacturer for damages.

Source: Medical Design & Outsourcing, “How does autonomous robotic surgery affect product liability?,” Chris Newmarker, Jan. 26, 2018

Contact Us For a Free Legal Consultation

There is a never a fee unless we recover on your behalf.

Contact Us
*By clicking submit, you are providing express consent to be contacted by SMS, possibly using automated technology to the number you provided. If at any time you wish to opt-out of communication, please reply "STOP". Text "HELP" for help. Message frequency may vary. Message/data rates may apply. Submission of this form does not authorize the purchase of goods, services, or products. See the privacy policy/Terms and Conditions on the webpage.
AWARDS & RECOGNITION