Principle of robotic surgery litigation in the United States

Clin Risk 2008;14:179-181
doi:10.1258/cr.2008.080045
© 2008 Royal Society of Medicine Press

 

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Principle of robotic surgery litigation in the United States

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Robotic surgery


Thomas R McLean

Email: tmclean{at}dnamail.com

After a robotic surgical misadventure in the United States,the subsequent litigation often involves a medical malpracticeaction against the surgeon and the hospital, and a productsliability action against the robotic surgical instrument manufacturer.Because of the multiple Defendants, finger-pointing is commonand results in a settlement. However, metadata within the roboticinstrument may provide the manufacturer with a strong defenceagainst liability. Accordingly, metadata within the computermay result in hospitals and surgeons shouldering more of theliability for robotic surgical misadventures.

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