Surgical Robots Are Here to Stay, Despite Lingering Concerns

What used to be routine but complicated medical tasks undertaken by human beings may soon be performed by moving, talking computerized devices. The future has been arriving in the medical field for some time but it seems that the machines are truly getting ready to take over, and that will create medical liability for a broader range of people when something goes wrong.

Robots have been engaging in an increasingly wider range of functions such as:

• Performing surgical procedures under the supervision of a human surgeon
• Delivering medication and lab specimens
• Monitoring patient care, including in nursing homes and assisted living facilities

The George Washington University Hospital in Washington, D.C. boasts an impressive robotic surgery department. They have used the da Vinci Surgical System on over 3,000 procedures. The hospital lays claim to having one of the largest robotic thoracic programs in the world and largest robotic prostate cancer program in the region.

Surgical robots are not beyond reproach

When it comes to surgical procedures in particular, the idea behind using robotic technology is to improve patient outcomes from complex surgeries.  Surgical robots are programmed just like any other computer. This means they can malfunction, too – and that’s the last thing you want when the device is being used in surgical procedures that require steady, fluid movement of instruments.

Intuitive Surgical recalled its da Vinci SP robotic system in April 2019 upon discovering the system’s software contained a glitch that could trigger vibration of instrument tips and its endoscope. Endoscopy is a procedure where a flexible tube and camera are inserted down a patient’s throat to view the digestive tract.

Risks of this procedure include:

• Scratching or perforation of the intestinal tract, leading to bleeding.
• Infection resulting from improperly sterilized endoscopes
• Tearing the gastrointestinal tract, necessitating hospitalization and surgery

Who is liable for medical malpractice by robot?

Even though the intention in using surgical robots is to promote more precision, dexterity and flexibility over a broad spectrum of procedures, the fact remains that a patient can still be injured in the process. Robots are not a guarantee that surgical procedures will be flawless because there is still a human element to them. If a mistake is made that requires quick thinking and action to save a patient, robots may hinder a surgeon’s ability to instantly react and sometimes seconds can make the difference in saving a life or preparing for a wrongful death claim as a result of a defective medical device.

If a robotically assisted surgical device (RASD) makes an error during surgery that causes an injury or contributes to the death of a patient, those who can be held liable depending upon the circumstances could include the:

• Surgeon who relied upon the RASD to perform the procedure
• Medical center that chose to put the RASD into the hands of the surgeon
• Robotics manufacturer that created the defective surgical tool
• Distributor and retailer that placed the surgical robot into the marketplace

Automating healthcare can be a double-edged sword. It can save hospital systems and patients money – but at what ultimate cost? If these devices are rushed to market for financial reasons, it could mean additional research and development needed to guarantee safety would be cut short.

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