Robots in Surgery and Malpractice Lawsuits
Posted on Aug 22, 2013 1:45pm PDT
As technology progresses in the United States, more and more hospitals are exploring the options of robotic care for patients. Specifically in the area of surgical medicine, robots have been shown to be an effective tool for performing the most detailed of surgeries. Oftentimes surgeons can minimize the risks of human error by using the deft hands of a robotic machine. With some of these machines, surgeons stand behind a control board in the operating room, maneuvering the multiple arms of the robot to cut, stich, remove, or probe as needed.
One of the most popular of these newly developed medical robots is the da Vinci® robot. This is a surgical machine used for tissue surgeries. A report on MSN.com shows that patients often sue after being injured by this new machine which doesn't always work as smoothly as expected. The MSN article explains that there have been multiple wrongful death lawsuits against the creators of the da Vinci® robot for surgeries that went wrong while the robot was in use. In another case, a woman's intestines fell out of her body following a robotic hysterectomy. The severe injury caused medical complications and the woman sued the company immediately.
The da Vinci® is the only robotic surgery system of its kind that has been approved for use in the United States. According to reports the da Vinci® system has an excellent safety record with more than 1.5 surgeries performed globally. Still, there are very significant dangers. Many of the plaintiffs suffered internal burns because of the electricity in the machine when it was working within the body. Reports show that the most common lawsuits involve erroneous hysterectomies and prostate surgeries. In both of these cases, victims have suffered painful burns that have led to additional medical issues.
Other patients have complained of perforated intestines or colons when the machine accidentally caught the tissues or a jerky movement causes the perforation to take place. The Food and Drug Administration is aware of the issues with the da Vinci® robot and is currently working through issues with the machine. One doctor says that he believes that a vast amount of the complications with the machine go underreported, and that it may be more dangerous than current reports even imply. The American College of Obstetricians and Gynecologists recently cautioned women about the surgery, saying that it is not the best minimally invasive approach for a hysterectomy.
Despite the concerns and the presence of lawsuits, some women have successful surgeries with the da Vinci® robot and even recommend the technology. The FDA reports that in the year 2012, 367,000 people received a robotic surgery, and there were 282 reports filed with the FDA for adverse errors. This was a 34% change from the amount of reports filed in 2011. That year, about 292,000 people received a robotic surgery, and this resulted in 211 AERs (adverse error reports.) This was a -2% change from the year prior.
In addition to exploring this data, the FDA learned that in the first three months of 2013, the Manufacturer and User Facility Experience (MAUDE) database reports that there were 62 reports of medical malpractice associated with the robot in the first three months. Robotic surgeries are similar to laparoscopic surgeries, and the complications are often likened to those that are reported with laparoscopic surgeries. If you suffer an injury after a robotic surgery, you certainly have the right to seek compensation from a medical team or from the da Vinci® manufacturers. Hire a medical malpractice lawyer near you to assist you with this goal today!