Technology is an amazing thing that has made many improvements in the medical industry, especially when it comes to surgery. Many delicate surgeries in New York City hospitals and other large medical centers are now done through the use of robot surgeons but it is important to understand that surgical errors can still happen and do occur in these types of surgeries. The question then comes up of what victims of surgical mistakes made by a non-human can do in terms of compensation.
It seems to make sense that whether a surgical error was made by a human surgeon or a robotic one, the patient deserves some form of civil justice. Either method has the same amount of risk associated with it according to a study published recently in the Journal of the American Medical Association.
With the increasing use of such surgical methods, courts in New York and elsewhere may soon see a new type of medical malpractice lawsuit coming into their courtrooms. This lawsuit lists the defendant as a surgical robot instead of a human being. While there was no information provided about the success rate of such legal actions, the idea appears to be picking up in patients’ minds.
In the event that a patient wins their case, it is unclear of whether the hospital or the manufacturer of the robot will be financially responsible. A patient who has been injured by a robotic surgeon may want to speak to an attorney about their options. An attorney can help them understand their rights and provide valuable advice to them in terms of seeking appropriate compensation.
Source: Betabeat, “Have YOU Been Injured by a Robot Surgeon?: Robot Malpractice Suits Are Now a Thing,” Jessica Roy, Feb. 22, 2013