Technology is everywhere, at least so goes the saying. However, it does
have some truth. Technology has crept its way into the surgical room.
In fact, many surgeons rely on robots to assist them through operating
Experienced Poughkeepsie medical malpractice attorneys know that robotic devices are used in heart surgeries, urology surgeries,
prostate procedures, and even hysterectomies. So who is responsible when
technology fails? Can medical professionals avoid liability by blaming
the error on a technological failure?
The short answer is that medical professionals can and have been held liable
for a patient’s injury that resulted from an error with robotic
devices in surgery. Injuries have been quite severe, and even life threatening.
Surgical robots, specifically
da Vinci robots, have been known to cause internal bleeding, punctured organs, burns,
blood infections, peritonitis, and ruptured arteries, among other injuries.
Many of these injuries could have been avoided had the medical profession
established sufficient standards in regard to training surgeons on the
use of robots. There also may be no established benchmark to determine
if a surgeon is proficient in the use of surgical robots.
Some surgeons might be using robotic surgical devices without any training
at all. Compounding the problem is that research is starting to show how
da Vinci robotic surgery is not superior to other approaches to surgery.
Robotic surgery is not shown to control cancer better, and some complications from its
use could cause the surgeon to completely open-up the patient; meaning
laparoscopic surgery would have been better than robotic surgery.
In 2013, it was reported that as many as 80 fatalities could be tied to
da Vinci robot use, while injuries were in the thousands. In that same
year, the Wall Street Journal reported that the da Vinci robot was linked
to increasing injury and death reports since 2004. By the fall of 2013,
the manufacturer of the da Vinci robot was involved in
50 lawsuits about injuries or deaths related to the devices use.
The same Wall Street Journal article also noted that in addition to the
risk of injury and death, the overall cost of robotic surgery is greater
than the cost of traditional surgery.
All surgeons owe a duty to their patients to not cause foreseeable and
preventable harm. If doctors are aware that a robotic device is unsuitable
for surgery, or if a doctor performs a surgery for which he or she is
not trained, but nonetheless perform the procedure, the patient can be
compensated if the doctor’s negligence caused the patient’s injury.
Are you interested in learning more about the various types of surgical
malpractice cases? Find out more in the latest article from our experienced
available by clicking here. Read about which risks of surgery are not really risks, but rather negligence
in this blog post here. If you are interested in learning more about operating room mistakes
and how they affect patients,
then click here for our blog post on this topic. Also read about anesthesia mistakes and how it can be medical malpractice
in our blog post from yesterday here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.