Drug and Defective Medical Devices Law

Da Vinci Robotic Surgery

Key Takeaways:

  • The da Vinci Surgical System allows doctors to perform minimally invasive procedures with robotic arms.
  • Medical device manufacturers can be liable for injuries caused by manufacturing and design defects. 
  • Surgeons can be liable for medical negligence involving robotic surgery accidents.

Medical technology has made great advances over the years. There are new drugs, new treatments, and new medical devices to improve our health care. Robotic surgery is a medical advance that allows surgeons to perform operations through a surgical robot. The da Vinci surgical system can provide fantastic results, but doctors are still responsible when the surgery goes wrong.

A robotic surgery accident can cause serious injury. If you suffered a medical injury during surgery with a robot system, talk to a da Vinci robotic surgery injury lawyer about your legal options.

What Is da Vinci Robotic Surgery?

The da Vinci Surgical System is a robotic surgery system to perform minimally invasive surgeries. Intuitive Surgical Inc. introduced the robotic system in 2000. The da Vinci surgical robots have been used in hundreds of thousands of surgeries since.

Use of the da Vinci robotic surgery system includes several common surgical procedures, including:

  • Hysterectomy
  • Thyroid surgery
  • Cardiac valve repair
  • Gall bladder removal
  • Laparoscopic procedures
  • Removal of fibroids
  • Removal of ureters in kidney surgery
  • GI surgery

The robotic system uses a console operated by the surgeon with interactive robotic arms. The arms can hold surgical devices like scalpels and scissors. The health care professional is the human operator and uses electrical currents to move the arms when performing a procedure.

The robot system was approved for medical use by the U.S. Food and Drug Administration (FDA) for surgeries in 2000, but it has not been without criticisms. There have since been several da Vinci robotic surgery lawsuits and class action claims for defective products and design flaws.

Who Is Responsible for a Robotic Surgery Accident?

Even though the da Vinci surgical robot is performing the incisions, the machine is operated by a licensed surgeon. The surgeon is responsible for any negligent injuries or accidents. A doctor has a legal responsibility to perform a procedure as a reasonable surgeon in a similar situation. If the doctor makes a mistake that causes personal injury to the patient, the doctor can be liable for damages in a medical malpractice lawsuit.

In some situations, the robotic system has a design or manufacturing defect. The manufacturer can be held responsible for defective surgery equipment injuries. This can be a product liability claim. The manufacturer or distributor of a defective medical device can be held liable for design defects, manufacturing defects, and products without appropriate warnings for users.

What Are My Options After a Robotic Surgery Injury?

After a medical device injury, you can file a medical malpractice lawsuit against the surgeons and hospital for your injuries. A medical malpractice claim allows you to recover compensation for your medical expenses, loss of income, and other losses related to medical negligence. If the injury was caused by a defective robotic surgery device, you can file a product liability lawsuit against the da Vinci manufacturer.

If a loved one dies in a robotic surgery accident, family members can file a wrongful death lawsuit to recover damages. A wrongful death claim is a way to make sure the manufacturer is held responsible for failing to protect patients.

How Can an Attorney Help?

Medical malpractice or defective medical device lawsuits are specific areas of personal injury law. The legal claims can be complicated and require medical experts to review the medical records to provide an expert opinion. These types of claims are best handled by experienced lawyers who understand the requirements of a lawsuit.

There is a limited amount of time to file a lawsuit, whether it’s for medical malpractice or alleging a defective product, depending on state law. This is known as the statute of limitations. If you file the lawsuit too late, you may lose your legal right to recover damages. Contact an attorney as soon as you find out about a medical injury.

The specific medical malpractice and product defect laws can depend on where you live. To make sure you file your lawsuit in time, you should talk to a local attorney for legal advice. For a case evaluation, contact a da Vinci robotic surgery injury lawyer to find out about your legal options.

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