The da Vinci Surgical System is a million dollar robot created by Intuitive Surgical Inc. to perform minimally invasive surgery procedures on patients. The robot is popular because it helps surgeons perform surgeries with precision and accuracy. It is also helpful to patients because it causes fewer complications, aided in a fast recovery, and lead to reduced blood loss and scarring.
What Injuries Can Happen During a da Vinci Surgical System Robotic Surgery?
Patients can suffer serious injuries such as:
- Surgical burns to the organs or arteries
- Sepsis
- Peritonitis
- Excessive bleeding
- Punctured arteries, blood vessels, or organs
- Tears or burns to the intestines
- Severe bowel injury
- Vaginal cuff dehiscence in women
- Death
What Is a Robotic Surgery Lawsuit?
A robotic surgery lawsuit is a lawsuit based on the theory that the robot involved in the surgery is a defective product. Surgical robots such as the da Vinci Surgical System are marketed to improve surgery, not harm patients. This type of lawsuit allows patients to sue the maker of the robot for compensation for the injuries they sustained as a result of the robot being involved in their surgery.
What Is a Defective Product?
A defective product is any type of product causing injury to an individual because of one or more of the following:
- Manufacturing defect
- Design defect
- Warning defect
Once a product is deemed defective, the manufacturer can be held liable for the harm caused.
How Can I Win a Defective Product Lawsuit Against a Surgical Robot Company?
A defective product lawsuit requires proving three conditions to win this type of lawsuit:
- The surgical robot had an unreasonably dangerous defect
- The surgical robot caused an injury while it was being used in the way the manufacturer intended
- The surgical robot had not been changed substantially from the way it was purchased prior to it being used in the surgery
Is a Defective Product Lawsuit the Same as Medical Malpractice?
No. Medical malpractice focuses on the care given to patients. Doctors, surgeons, and nurses who provide care to patients that is inconsistent with the standard of care the law allows may be liable under medical malpractice for harm done to the patient.
Do I Need a Lawyer for a Defective Robotic Surgery Claim?
There are few injuries worse than those incurred during a surgery that is supposed to improve your health. This is especially true when the injury was caused by a defective piece of medical equipment, such as a surgical robot. Contact a personal injury lawyer if you want to sue over injuries that a surgical robot inflicted upon you because it was defective.