Computer Assisted Surgery: Who’s Liable For A Malfunction?

Computer assisted surgery has been in place since the ’80s, but recent innovations have allowed the technology to make large leaps forward. Computers are now used in many hospitals during neurosurgery, oral and maxillofacial surgery, ENT surgery, orthopedic surgery, visceral surgery and radiosurgery. Over time, it is likely that computer assisted surgery will become the norm in almost all cases.

What are the Benefits of Computer Assisted Surgery?

The computer provides surgeons with a more accurate preoperative diagnostic and increased operative field visualization. In addition to which, the computer can help reduce any surgical redundancies or mistakes by increasing the geometric accuracy of the procedure.

What if something goes Wrong?

There is always the risk that a mistake could be made even during a computer assisted surgery. If your loved one is injured or killed during a computer assisted surgery, then there will need to be an investigation to determine whether the doctor or the computer will be held at fault. According to a prominent attorney at law NY team, if the doctor is determined to be liable, then you can proceed with a medical malpractice lawsuit. However, if the investigation determines that the computer is at fault, they will have to first assess who is liable for the computer’s mistake.

Determining Liability

It will be very important to determine what actually happened that caused your loved one to suffer from a serious injury or death as a result of the computer assisted surgery. For example, if the computer malfunctioned due to a hardware glitch, then you might be able to sue the manufacturer. On the other hand, though, the hospital is responsible for ensuring that their computers are working 100 percent properly at all times. Therefore, you might actually have a viable lawsuit against both the hospital and the manufacturer. If the issue occurred because the doctor took the action that the computer said instead of taking the action that made the most sense, then you might also be able to sue the doctor, especially if they have performed the same surgery multiple times without any complications in the past.

Moving forward with a Lawsuit

Your attorney is most likely going to advise you to name as many people and businesses as possible in your lawsuit. Even if the manufacturer of the computer is found innocent, it always makes sense to go after companies that have deep pockets. After all, they might decide to simply settle out of court to avoid having their reputation tarnished by a court case. The issue that occurred during the surgery might also be a newly discovered glitch that can be fixed in other computers before anyone else dies. Therefore, it is always advisable to at least let the manufacturer know what happened.

Regardless of exactly who is found at fault, a death or serious injury that occurs as the result of a computer assisted surgery will almost certainly end with a settlement for the victim’s family. The fact that the computer cannot perform a simple human error makes your case even stronger. After all, the programming of the computer is being relied upon to save lives. Therefore, the court system is likely to look upon the case as being both a settlement for your family and a proactive measure to protect future patients from dealing with the same misfortune.

Chris Bennett is a technology consultant and freelance writer for David H. Perecman, an attorney at law NY. Medical malpractice litigation is complex and even more so today when dealing with not only human error, but computer error as well. The Perecman Firm is abreast of the latest technologies in the medical field and versed in the appropriate liability for high tech cases.

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