Recent reports have come out about Da Vinci Surgical Robots
and a potential product liability issue involving these products. While no settlements have been awarded yet, it does appear that these cases will be litigated. DaVinci manufacturer, Intuit a California based company is already preparing and setting aside sums of money to deal with potential lawsuits which may arise. So read the following article to learn more about your rights and what steps you should take.
Do I Still Have Time to Sue – Statute of Limitations for Product Liability Lawsuits
Time limits for filing a lawsuit are called statute of limitations. These time limits or SOL’s are different by every state, to see a complete list click here. Keep in mind that in many cases these statutes can be held or tolled. California follows the discovery rule for statute of limitation issues. This rule will allow you to toll the statute by arguing you did not know or were not aware that DaVinci surgical robot caused the injury.
You can also have your name entered into a tolling agreement, which essentially waives any statutory issues. But keep in mind that your medical reports may not be existent after a few years. So even if you have the time period to file extended, factual evidence supporting your claim must exist. This is why operative and medical history reports are critical to the success of your case.
Operative Reports and My Case – Surgical Error or Defective Product
Operative reports and medical records are a key element of your case. You will not be able to successfully win your case unless these records are available. Keep in mind that records are usually not available after 10 years. Generally these reports will provide in depth insight as to whether any complications occurred during the procedure. Additionally, these notes will be critical in determining whether there was in-fact any type of injury.
Your attorney can obtain these reports for you, however it is almost always faster if you attempt to get this information independently. Regardless of how you select to obtain this info, remember that it is critical that you have these reports. This will allow your attorney to make a proper determination with regards to you file.
Is My Doctor Liable – Medical Negligence
Doctor liability is a more complicated element of your case. Dr.’s can be liable, but only under certain circumstances. Remember, that your case against DaVinci is not against the Dr. who performed the surgery using the device, but against the manufacturer of the product. In certain cases you Dr. will be liable and in such cases a medical malpractice case would ensue.
However, a medical malpractice claim is different than a products case. Keep in mind the statute of limitations for these types of cases are a bit different. Make sure you speak with a medical malpractice attorney at Downtown L.A. Law to discuss your case.
Value of My Case?
Clients always ask what the case value is. Unfortunately, we have no way of answering that question without knowing all the information. It is my opinion that these cases should have a high value amount, but that amount can be subject to a number of factors. For example how bad was the injury? Is this something that is recoverable, can you heal from the injury?
Evaluating case value is not difficult once you have all of the information available. Another important thing to remember, is that you have to identify or adjust for case value based on insurance policies and company solvency. Additionally, try and evaluate or understand case value from a objective point of view, even though subjective components exist.
Objectively, try and understand what your case is worth from a jurors point of view. Subjectively try and evaluate the case based on how it has impacted your life. How have these injuries changed the way you live your life? Often times the injuries sustained are so serious, that round the clock care is needed. Obviously these cases will be assigned a greater value. But, not all cases need serious injuries to be considered valuable. Depending on how this injury has impacted your lifestyle it can place a specific value to your case. Each of these factors are important to consider when calculating damages. Most importantly speak with your attorney about your case. Make sure he or she understands how these injuries have changed your life. You have a duty to share your story.
Laparoscopic Hysterectomy Error
Statute of Limitations for Filing a Claim Against Da Vinci Manufacturers
Medical Malpractice During Laparoscopic Surgery