It’s funny to think about it this way, but robotic surgery has been around for many years now. It seems like the phrase “robotic surgery” should be idea that won’t be realized until the not-so-distant (or, maybe, very distant) future. But it’s here, today, and doctors and surgeons use devices and new technology on patients that appear as though they should be in a science-fiction movie.
But all weirdness aside: who takes the blame when a mistake is made during surgery that involves robotic devices? Does the medical device maker hold the liability? The surgeon? The hospital? A combination of these parties?
In a surprising case, a court ruled that a medical device maker was actually not liable for a surgery gone wrong when their medical device was used during the procedure. The logic was that since it was a doctor that was trained to use the device, the fault actually was with the hospital (for not properly training the doctor) and the doctor (for making the mistake).
This decision has been appealed though. Medical professionals say it opens up a “blind spot” in malpractice litigation. There is not much in terms of guidelines for how hospitals are supposed to train their doctors on robotic surgery. The lack of regulation and rules seems to be born out of the “new” factor associated with these devices.
No matter the reason for all of this, it goes without saying that the medical community needs to figure out how these robotic devices are supposed to be used, and then institute effective training techniques that give medical professionals all the knowledge they need to use these devices.
