The Da Vinci robot lawsuit lawyers at Wright & Schulte LLC, an established personal injury law firm, are “angered” by the new findings of a new study that suggest that robotic hysterectomy surgery does not provide any extra benefits for women who undergo it. According to an article from Bloomberg News, the new study released by Obstetrics & Gynecology was published in an article in Nature Reviews journal. In addition, this study directly conflicts with a study released by J. R. Poindexter and J. S. Ginsberg, which found that the procedure was more helpful than the previous one. The study by Poindexter and Ginsberg argued that the robot doesn’t have the necessary dexterity to perform the operation. However, the plaintiffs in this case, lead by Dr. Joseph B. Ziegler, claimed that this damage was caused to them by the doctor’s error. Ginsberg and Poindexter were not involved in this particular lawsuit.
Da Vinci was not involved in this particular lawsuit. But, the company itself has been involved in several other lawsuits over the years. Da Vinci technicians have been sued for errors and omissions leading to spinal surgeries, as well as causing unnecessary pain and suffering due to surgical errors. Additionally, in some of these lawsuits, women who had undergone Da Vinci surgeries sued the manufacturer as well, claiming they were not receiving adequate information regarding how to avoid similar problems in the future. Several Da Vinci lawsuits also cite inadequate instructions for operating the robot and claims that the company provided inappropriate or inadequate training. Some of these plaintiffs have been awarded settlements over pain and suffering injuries, but several more are still waiting for their lawsuits to be resolved.
One of the latest lawsuits involves a woman who filed a suit against Da Vinci for its inability to correctly perform certain types of Da Vinci robot assisted surgery hysterectomy procedures. This study, conducted at Case Western Reserve University, is one of only a few attempts to test the safety and efficiency of this type of da Vinci robotic surgery. This study was designed to evaluate if the patient experiences postoperative pain, blood loss, nausea after the procedure, and permanent facial damage. This is not the first lawsuit over this specific type of surgery, as a previous study was recently settled out of court.
In the recent lawsuit, it was revealed that the woman had originally signed an opt-out agreement, assuring Da Vinci that she would not allow her son to undergo any surgery using one of their Da Vinci robots. The purported plaintiff in the case was also signed over an agreement that she would allow the surgeon to use verbal communication to communicate information about the surgery to her, rather than use a transcription service like previously done with the Da Vinci robot. However, according to the case, this verbal communication was used to circumvent the signed agreement and sent her false and misleading information about the surgical process, which caused her to experience pain, bleeding, and permanent facial damage. The lawsuit’s claims also state that the woman suffered permanent memory loss, due to the fact that she could not recall the information previously provided to her by the surgeon.
The Da Vinci Medical System is one of several types of robotic devices used in medical practices around the world. Because of this, several lawsuits have been filed over the years claiming that the machines are defective and cause injuries or wrongful death. Da Vinci is one of the most popular names in the robotics field, so it’s no surprise that many doctors and scientists are now facing a myriad of wrongful death lawsuits over these types of medical devices. To date, there have been more than two dozen lawsuits regarding these medical devices, with many of them being settled out of court. As the population continues to grow, there may be more frivolous lawsuits filed against the Da Vinci system and similar robots in the future.
If you were injured because of Da Vinci Medical Systems and your case has been settled out of court, or if you’ve received compensation due to Da Vinci Medical System injuries, you may be eligible for a monetary settlement. If you have difficulties affording ongoing medical care due to your inability to work, you may be able to file a workers’ compensation claim against the company that created and/or sold the Da Vinci Medical System. In many cases, your doctor will try to refer you to an attorney to handle your case, but if the injury is severe, the attorney may be able to force DaVinci to turn over evidence in court. For more information on a compensation claim due to DaVinci Medical System negligence or wrongful death, contact an attorney.