Robotic-Assisted Surgery Errors: Suing for Surgeon Negligence

What Is Robotic-Assisted Surgery?

Robotic-assisted surgery is a type of minimally invasive surgery in which the surgeon uses a robotic system to perform the procedure. The most widely used system is the da Vinci Surgical System (manufactured by Intuitive Surgical), which consists of:

- A surgeon console: Where the surgeon sits and controls the robotic arms. The surgeon views the surgical site through a 3D high-definition camera and manipulates the robotic arms using hand controls and foot pedals. - Patient-side cart: The robotic arms that hold the surgical instruments and camera. The arms are inserted into the patient body through small incisions. - Endoscopic camera: Provides a 3D, magnified view of the surgical site. - Robotic instruments: Articulated instruments that mimic the surgeon hand movements with greater precision and range of motion than traditional laparoscopic instruments.

The robotic system does not operate autonomously -- the surgeon controls every movement. The robot eliminates hand tremors, provides greater dexterity, and allows for more precise movements in tight spaces.

Common Robotic Surgery Procedures

Robotic-assisted surgery is used for a variety of procedures:

• Radical prostatectomy: Removal of the prostate for prostate cancer. One of the most common robotic procedures.
• Hysterectomy: Removal of the uterus for fibroids, endometriosis, or cancer.
• Cardiac surgery: Including mitral valve repair and coronary artery bypass. [Link to: /surgical-errors/cardiac-surgery-malpractice]
• Bariatric surgery: Including gastric bypass and sleeve gastrectomy. [Link to: /surgical-errors/bariatric-surgery-errors]
• Colorectal surgery: Including colectomy and rectal resection.
• Gynecologic surgery: Including ovarian cyst removal and endometriosis treatment.
• Thoracic surgery: Including lobectomy for lung cancer.
• General surgery: Including hernia repair and cholecystectomy (gallbladder removal). [Link to: /surgical-errors/gallbladder-surgery-malpractice]

Types of Robotic Surgery Errors

Errors during robotic-assisted surgery can include:

• Surgeon inexperience: Robotic surgery requires specialized training. Surgeons who are not adequately trained or experienced with the system may make errors. [Link to: /hospital-negligence/credentialing-negligence]
• Errors during docking and port placement: Improper placement of the trocars (ports) can injure blood vessels or organs. [Link to: /surgical-errors/laparoscopic-bowel-perforation]
• Bowel, bladder, or blood vessel injury: The robotic instruments can injure nearby organs or blood vessels, particularly during dissection.
• Nerve damage: Nerves can be cut, stretched, or compressed during robotic surgery, causing weakness, numbness, or pain. [Link to: /surgical-errors/nerve-damage]
• Conversion to open surgery: If complications arise, the surgeon may need to convert to open surgery. Excessive conversion rates may indicate inexperience.
• Failure to recognize complications: The surgeon may fail to recognize that an organ or blood vessel has been injured, delaying treatment. [Link to: /surgical-errors/post-operative-hemorrhage]
• Excessive operative time: Prolonged operative time can increase the risk of complications (positioning injuries, deep vein thrombosis, anesthesia complications).
• Errors in instrument exchange: Improper exchange of robotic instruments can cause injury or leave fragments in the patient.
• System malfunction: While this page focuses on surgeon error, robotic systems can malfunction (arm movement errors, camera failures, instrument failures). [Link to: /medical-devices/davinci-robotic-surgery-lawsuit]

Surgeon Error vs. Device Defect

When an error occurs during robotic surgery, it is important to determine whether the error was caused by surgeon negligence or by a device defect:

• Surgeon negligence (malpractice): The surgeon was improperly trained, inexperienced, or made errors during the procedure. Examples include improper port placement, injuring organs or blood vessels, failure to recognize complications, and excessive operative time. These cases are pursued as medical malpractice claims against the surgeon and hospital.
• Device defect (product liability): The robotic system malfunctioned, causing injury. Examples include arm movement errors, camera failures, instrument failures, and software errors. These cases are pursued as product liability claims against the manufacturer (Intuitive Surgical). [Link to: /medical-devices/davinci-robotic-surgery-lawsuit]
• Both: In some cases, both surgeon negligence and device defects may contribute to the injury. We may pursue both a malpractice claim and a product liability claim.

When Robotic Surgery Errors Constitute Malpractice

Robotic surgery errors constitute medical malpractice in New York when a healthcare provider deviated from the accepted standard of care and that deviation caused harm. Key considerations include:

• Was the surgeon adequately trained and credentialed? The standard of care requires surgeons to complete appropriate training and credentialing before performing robotic surgery. [Link to: /hospital-negligence/credentialing-negligence]
• Was the procedure appropriate for robotic surgery? Some procedures are not appropriate for robotic surgery, or the patient anatomy may make robotic surgery inadvisable.
• Were the ports placed correctly? Improper port placement can injure blood vessels or organs.
• Did the surgeon maintain visualization? The surgeon must maintain clear visualization of the surgical site throughout the procedure.
• Did the surgeon recognize and treat complications promptly? Failure to recognize bowel, bladder, or blood vessel injuries can cause serious harm. [Link to: /surgical-errors/post-operative-hemorrhage]
• Was the operative time excessive? Excessive operative time can increase complications.
• Did the surgeon obtain informed consent? The patient must be informed of the risks of robotic surgery, including the surgeon experience level. [Link to: /surgical-errors/informed-consent]
• Did the deviation cause the harm? The injury must be causally connected to the surgeon deviation.

Proving Your Robotic Surgery Malpractice Case

To prove a robotic surgery malpractice case, you need:

• Medical records: Including pre-operative records, operative reports (which should document the robotic system used, the operative time, and any complications), post-operative records, and imaging studies. [Link to: /resources/how-to-get-medical-records-for-a-lawsuit]
• Surgeon credentialing records: Records of the surgeon training and credentialing in robotic surgery, obtained through discovery. [Link to: /hospital-negligence/credentialing-negligence]
• Imaging studies: CT scans, MRIs, and other imaging showing the injury. [Link to: /radiology-errors/mri-malpractice]
• Expert review: Independent review by board-certified surgeons who are experienced in robotic surgery.
• Standard of care evidence: Establishing what the standard of care requires for robotic surgery and how the surgeon deviated from it.
• Causation evidence: Establishing that the deviation caused the harm (not a known risk of the procedure).
• Expert testimony: From qualified experts.

New York Statute of Limitations

Robotic surgery malpractice claims are subject to the 2.5-year statute of limitations for medical malpractice (CPLR 214-a), running from the date of the negligent act.

Key considerations:

• Date of the negligent act: The 2.5-year clock starts on the date of the surgery (or the date of the post-operative negligence).
• Continuous treatment doctrine: If you continued to receive treatment from the same surgeon for the same condition, the statute may be extended.
• Foreign object: If a robotic instrument fragment was left in your body, you have 1 year from discovery. [Link to: /medical-malpractice/retained-surgical-object]
• Municipal hospitals: If the surgery occurred at a municipal hospital (NYC Health + Hospitals), a notice of claim must be filed within 90 days. [Link to: /hospital-negligence/suing-nyc-h-h]
• Wrongful death: If the malpractice caused death, the wrongful death claim must be filed within 2 years. [Link to: /wrongful-death-lawyer]
• Product liability: If you are also pursuing a product liability claim against the manufacturer (Intuitive Surgical), the statute of limitations for product liability is 3 years from the date of injury.

Common Defense Arguments and How We Counter Them

Defense: The complication was a known risk of robotic surgery.

Defense attorneys use several arguments in robotic surgery malpractice cases:

• Our Counter: While complications like bowel injury and bleeding are known risks, the standard of care requires the surgeon to minimize these risks and to recognize and treat them promptly when they occur. If the complication was caused by a deviation from the standard of care (e.g., improper port placement, failure to maintain visualization), or if the surgeon failed to recognize and treat it promptly, the provider is liable.

Defense: The surgeon was adequately trained and credentialed.

Our Counter: We examine the surgeon training and credentialing records, obtained through discovery. If the surgeon did not complete appropriate training, did not have sufficient experience, or was not properly credentialed, the standard of care was breached. [Link to: /hospital-negligence/credentialing-negligence]

Defense: The robotic system malfunctioned, not the surgeon.

Our Counter: If the robotic system malfunctioned, we may pursue a product liability claim against the manufacturer (Intuitive Surgical). [Link to: /medical-devices/davinci-robotic-surgery-lawsuit] However, if the injury was caused by surgeon error (not device malfunction), the surgeon is liable. We examine the operative report, system logs, and other evidence to determine the cause.

Defense: The patient anatomy made the procedure difficult.

Our Counter: If the patient anatomy made robotic surgery difficult or inadvisable, the surgeon should have recognized this and converted to open surgery or chosen a different approach. Proceeding with robotic surgery in the face of difficulties may be a deviation from the standard of care.

Compensation Available

A successful robotic surgery malpractice claim in New York can provide compensation for:

• Medical expenses: Including past and future medical care, revision surgeries, rehabilitation, and medications
• Lost wages and lost earning capacity: For time missed from work and reduced ability to work
• Pain and suffering: NY has no cap on non-economic damages
• Permanent disability: For nerve damage, organ damage, and other permanent conditions
• Future medical care costs: Based on a life care plan, discounted to present value
• Loss of consortium: For the impact on family relationships
• Wrongful death damages: If the malpractice caused death [Link to: /wrongful-death-lawyer]

What to Expect Working with MDLaw Firm

When you contact MDLaw Firm about a potential robotic surgery malpractice case:

• Free Consultation: We listen to your story and review the basic facts.
• Immediate Deadline Assessment: We evaluate the 2.5-year statute of limitations for malpractice and the 3-year statute for product liability.
• Record Retrieval: We obtain all medical records, operative reports, imaging studies, and (through discovery) surgeon credentialing records.
• Expert Review: We engage board-certified surgeons experienced in robotic surgery to independently review the records.
• Determination of cause: We determine whether the injury was caused by surgeon negligence, device malfunction, or both.
• Causation Analysis: We establish the causal connection between the deviation and the harm.
• Litigation: We file within the statute of limitations and handle all aspects of discovery and trial.
• Resolution: We pursue maximum compensation through settlement or verdict.

Frequently Asked Questions

The value of a medical malpractice case in New York depends on several factors, including the severity of the injury, the strength of liability evidence, and the economic and non-economic damages involved. New York is one of the few states with no caps on medical malpractice damages, meaning there is no artificial limit on what you can recover. Below are typical settlement ranges based on injury severity.