Many of the worst surgical errors are the result of gross negligence by medical professionals. Regardless of their level of education and experience, surgeons and the support staff assisting them during operations are humans who experience burnout, develop personal biases and make mistakes under pressure. Some people view robotic surgeries as a way to eliminate the human error component that complicates surgical procedures. Yet, things are not always quite so simple.
What rights do patients have when a major error occurs during a robotic operation?
Human error could be to blame
The use of robotic surgical equipment has increased substantially in the last decade. Unfortunately, errors can still occur during robotic surgeries. Many times, those errors are the result of a mistake by the surgeon operating the device.
On rare occasions, programming and technical issues can contribute to the failure of a robotic surgical device during a procedure. As is true of any tool used for medical treatment, physicians have an obligation to be competent in using robotic surgical devices and must be ready to revert to other procedures if necessary for patients’ safety.
Robotic surgical errors are more common than people realize, and they typically result in liability for the surgeon who made the mistake or the medical facility that employs the surgeon. In rare cases, patients may be able to assert that the manufacturer of the robotic surgical unit was liable due to issues with the device or its programming.
Legal action is often necessary when surgeries fail and cause harm to the patients undergoing care. Reviewing medical records related to a botched robotic surgery with a skilled legal team can help patients and surviving family members evaluate who may be liable for their harm.