Yes, you can file a claim for injuries resulting from robotic surgery. When complications arise due to surgeon error, inadequate training, equipment malfunction, or other forms of negligence, you may have grounds for a medical malpractice lawsuit.
If you’ve suffered harm during or after robotic surgery in Florida, consulting with a Florida medical malpractice lawyer can help determine if you have a valid claim and guide you through the legal process.
Understanding Robotic Surgery and Associated Risks
Robotic surgery represents a significant advancement in medical technology, allowing surgeons to perform complex procedures with enhanced precision and control. These systems typically consist of robotic arms that the surgeon controls from a console, with a high-definition camera providing magnified, 3D views of the surgical site.
Common robotic surgery procedures include:
- Prostatectomy (prostate removal)
- Hysterectomy (uterus removal)
- Cardiac surgery
- Gastrointestinal surgery
- Gynecological procedures
- Colorectal surgery
- General abdominal procedures
While robotic surgery offers potential benefits such as smaller incisions, reduced blood loss, and faster recovery times, it also carries unique risks that patients should understand before consenting to these procedures.
The Risks of Robotic Surgery
The risks specific to robotic surgery include:
- Mechanical or technical failures during the procedure
- Software glitches or system errors
- Electrical burns from the instruments
- Longer operation times, potentially increasing anesthesia risks
- Limited tactile feedback for the surgeon
- Challenges in converting to traditional surgery if complications arise
These risks exist alongside the standard complications associated with any surgery, such as infection, bleeding, adverse reactions to anesthesia, and organ damage. When complications occur due to negligence rather than known surgical risks, patients may have grounds for a medical malpractice claim.
Robotic surgery systems do not operate independently—they are tools controlled by human surgeons. While the technology is sophisticated, the surgeon’s skill, training, and judgment remain critical factors in the procedure’s success. This human element means that negligence can still occur despite the advanced technology.
Common Injuries Associated with Robotic Surgery
When robotic surgery goes wrong, patients can experience various injuries ranging from minor complications to life-threatening emergencies. Understanding these potential injuries can help determine whether your complications might warrant a legal claim. Here are some reasons for filing a claim for injuries after robotic surgery.
Organ and Tissue Damage
One of the most serious categories of injuries involves damage to organs and tissues near the surgical site:
- Perforations or punctures to the surrounding organs
- Tears in blood vessels leading to internal bleeding
- Damage to nerves resulting in pain, numbness, or loss of function
- Burns to tissues from electrical current or heat generated by instruments
- Ischemic injury (tissue damage due to restricted blood flow)
These injuries can occur when the surgeon lacks proper training, misjudges the position of the robotic arms, or when the system malfunctions. In some cases, the surgeon may not immediately recognize the damage, leading to delayed treatment and worsened outcomes.
Infections
Infection is another significant concern following robotic surgery. While minimally invasive procedures typically carry lower infection risks than traditional open surgery, infections can still occur and may be severe when they do. Post-surgical infections may result from:
- Inadequate sterilization of robotic instruments
- Contamination during the procedure
- Poor wound care following surgery
- Compromised immune function in the patient
Some infections require additional surgery, extended hospitalization, and long-term antibiotic therapy, significantly increasing recovery time and medical expenses.
Other Complications
Other common complications from robotic surgery include:
- Blood clots that may lead to pulmonary embolism or stroke
- Excessive bleeding requiring transfusion or additional surgery
- Respiratory problems from anesthesia or patient positioning
- Conversion to open surgery due to complications
- Prolonged pain or discomfort
- Delayed healing of surgical sites
When these complications result from negligence rather than known surgical risks, patients may have grounds for a malpractice claim. Determining the difference requires careful investigation and often expert medical opinion.
Determining Liability in Robotic Surgery Cases
Establishing liability in robotic surgery cases involves identifying who or what caused the injury. Multiple parties may share responsibility, making these cases more complex than traditional medical malpractice claims.
The surgeon operating the robotic system is often the primary focus in malpractice claims. Potential forms of surgeon negligence include:
- Inadequate training or experience with the robotic system
- Improper patient selection for robotic surgery
- Errors in judgment during the procedure
- Failure to convert to traditional surgery when complications arise
- Inadequate monitoring of the patient during surgery
- Poor surgical technique despite technological assistance
The hospital or surgical facility may also bear liability in certain circumstances:
- Insufficient training programs for surgeons using robotic systems
- Inadequate credentialing procedures for surgeons performing robotic procedures
- Poor maintenance of the robotic equipment
- Staffing issues that compromise patient safety during robotic procedures
- Failure to follow the manufacturer guidelines for the use and upkeep of the system
In some cases, the manufacturer of the robotic surgical system might be partially responsible:
- Design defects in the robotic system
- Manufacturing flaws in specific components
- Inadequate warnings about risks
- Software errors or malfunctions
- Failure to properly train hospital staff or surgeons
It’s important to note that complications alone don’t necessarily indicate negligence. The key question is whether the injury resulted from a deviation from the standard of care or a foreseeable risk that was properly disclosed during the informed consent process.
Steps to Take if You Suspect Robotic Surgery Malpractice
First, prioritize your health by seeking appropriate medical care for any complications. Consult with a different healthcare provider who can evaluate your condition and provide necessary treatment. This step not only addresses your immediate health needs but also establishes documentation of your injuries by an independent medical professional.
Document everything related to your robotic surgery and subsequent complications:
- Keep a detailed journal noting your symptoms, pain levels, and limitations
- Save all medical records, test results, and imaging studies
- Maintain copies of bills and payment records
- Record conversations with healthcare providers (where legal)
- Take photographs of any visible injuries or surgical sites
- Preserve any correspondence related to your surgery and follow-up care
Request complete copies of your medical records from all providers involved in your care, including the hospital where the robotic surgery was performed. Under federal law (HIPAA), you have the right to access your medical records. These documents will be crucial evidence if you decide to pursue a malpractice claim.
Learn if You Can File a Claim for Injuries from Robotic Surgery
Contact us today for a free, no-obligation consultation to discuss your case. Our team will listen carefully to your story, answer your questions, and help you understand if you can file a claim for injuries from a robotic surgery.
Don’t wait to protect your rights. Reach out to The Law Offices of Anidjar & Levine to speak with a Florida medical malpractice lawyer who will stand by your side throughout the legal process.
We Can Help.
