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Free Consultations

(212) 697-9280

Free Consultations

(212) 697-9280



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FAQs about Robotic Surgery and Medical Malpractice in New York

Feb 1, 2017 | Medical Malpractice

In 2012, roughly 400,000 robotic surgeries were performed for a wide range of conditions in the United States. Each year, there is an annual increase of 25% in the rate of robotic surgeries.

Unfortunately, a recent study has shown that out of a total of over 1.7 million robotic surgeries performed between January 2000 and December 2013, 8,061 device malfunctions, 1,391 injuries and 144 deaths were recorded throughout the US. These numbers are based reports that patients, hospitals, device manufacturers, etc. submitted to the US Food and Drug Administration (FDA). The study notes that the actual numbers could be higher.

Common Questions about Robotic Surgery and Lawsuits

Here is a look at some common questions about robotic surgery injuries and medical malpractice in New York and other places:

Q1: What are robotic surgical systems?

A: In robotic surgical systems, mechanical arms are used to lower the risk of shaky human hands, causing injury to a patient by missing their mark. A clear line of sight of the area that needs to be operated is provided to the surgeon with state-of-the-art cameras and monitors. The surgeon operates the robotic hands from a console with various levers and pedals.

Q2: What are the most common types of accidents that can occur during robotic surgery?

A: In most cases, patients are commonly injured in robotic surgeries due to accidents such as:

  • Burnt or broken robotic parts falling into the body of a patient
  • Spontaneous powering On/Off and uncontrolled movement of the machines
  • Unintentional charring, electrical sparks and damage to accessory covers
  • Reports of system error codes and/or loss of quality in the video feeds
  • The injuries that can also occur due to robotic surgery include:
  • Tearing of the blood vessels, intestines or ureters
  • Burns
  • Dehiscence of the vaginal cuff
  • Evisceration or death of bowel
  • Uncontrolled bleeding

Q3: What type of lawsuit can an injured patient file?

A: In many cases, lawsuits involving surgical robots are product liability claims. However, if the surgeon misused the robotic system or was not adequately trained to handle it, an injured patient could have grounds for a medical malpractice lawsuit.

Q4: Do doctors need to be certified in order to perform a robotic surgery, such as the Da Vinci Surgical System?

A: The legal function of a hospital’s medical staff is credentialing. However, due to the fact that robotic surgery is a new platform, a surgeon should be able to show that they have been "certified" to use the robot.

Secure Legal Help for Robotic Surgery Malpractice in New York

If you or a loved one in New York has been injured due to your surgeon’s negligence during a robotic surgery, you should immediately seek the legal help of the judicious and excellent medical malpractice attorneys at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212 697 9280.

The first meeting with RMFW Law is free. We want to see if your case is viable or not. What is your side of the story? We know these types of cases are not easy to win and that is why these type of cases are not for any type of lawyers. We have the experts to back up your case if your case is viable.

You cannot win these types of cases without medical experts supporting your claims. And we have access to these types of medical experts. Call us today!