In 2000 the FDA approved the da Vinci robot Laparoscopic surgical system as a tool for minimally evasive medical procedures. Since then the da Vinci robot has been used by surgeons and hospitals for a numerous medical procedures including hysterectomy, prostate cancer, colorectal procedures, diverticulitis surgeries, gastrointestinal medical issues, kidney disorders including cancers, coronary and heart procedures, throat cancer and surgeries aimed at rescuing obesity.
While the robotic interface proved useful in certain circumstances, there have been repeated and continued injuries resulting from the negligent or careless operation of the device. If you have been injured as a result of using this device read below to better understand your rights.
Liability, who is liable for medical complications and injuries resulting form the improper used of a da Vinci surgical device
Generally injuries sustained from a da Vinci robot consist of surgical or training negligence or defects with the use of the device. If the injuries were a result of a device failure or malfunction, it would be considered a product liability or defective product case.
A Surgical robotics product is defective when it fails perform in the manner for which it was intended. A product is defective when it has a design, manufacturing or inadequate labeling warning. A design defect deals with the overall design of the product. Design defects generally apply to all products manufactured. Manufacturing defects apply to a singular product designed by the manufacturer. Inadequate labeling issues apply when the manufacturer fails to inform the user of all possible injuries that can arise from its use.
When a product is considered or deemed defective any seller, distributor or wholesaler of the product in the stream of commerce is held liable. In cases dealing with the da Vinci robot, Intuitive Surgical, Inc. would be held responsible as they are the manufacturer of the product.
In certain instances the hospital can also be held liable for injuries. When there is inadequate training on the part of the surgeon operating the machinery liability can be extended to hospital as well.
Common Injuries associated with da Vinci surgical malpractice
There are a number of injuries which can occur from a defective Da Vinci Robot, these include:
What should I do If I have experience medical complications after a surgery using the da Divini Robot?
If you have been injured seek medical attention for your injuries. It is critical that you seek prompt medical attention for your injuries, in order to prevent or mitigate the extent of your damages. Never attempt to self diagnose your injuries and make sure proper medical treatment is provided.
It is always advisable to speak with a personal injury lawyer who deals with defective medical and surgical devices. Your attorney will assist you in achieving or securing a settlement. It is advisable that no statements be made to any insurance company until you speak with an attorney about your rights. Insurance companies will generally use any statement to deny your claim. Make sure you speak with a qualified product defect attorney before making any statements.
How Much is my case worth: Case Value for a Product Liability Claim
A common question is always, what is the value of my case? Evaluating or understanding case value depends on a number of different factors. We take into consideration the extent and type of injuries suffered, who is liable and the degree of negligence. I you have suffered injuries from a robotic device you are entitled to recovery for all your losses arising form a defective product including
If you would like a free evaluation for the potential value of your case, feel free to contact our offices for a free case evaluation. (855)385-2529
Downtown LA Law Group is a Nationwide California based Personal Injury Law Firm dedicated to protecting the rights of individuals who have suffered harm from defective medical devices and and pharmaceutical drugs.