A year ago, Teresa had a hysterectomy done by the Da Vinci Robot. However, it didn’t go well. She got to go through ten corrective surgeries, endured pain, and an injured organ. Seven months later, Teresa is gearing up to file yet a final da Vinci Robot lawsuit against her faulty unit. She wants to be compensated for more than the thousands of lost fertility days, pain and suffering.
The Da Vinci Robot Company is denying liability for the defective device, however, they admit that the surgical errors were due in large part to the quality of patient care. The hospital where Teresa had her hysterectomy used a new and less powerful da Vinci robot instead of the one used in the original procedure. While this may seem like a minor detail, her chances for a successful da Vinci robot lawsuit are slim. The hospital personnel knew about the problem several weeks before she had her hysterectomy. However, even if they did not know about the new model’s lower rate of success, as compared to the previous version, there is no evidence that they tried to correct this problem.
The plaintiffs are seeking compensation for not only the lost fertility days, but pain and suffering as well. There is also the question of whether or not the hospital personnel, who reportedly approved the surgery, should be held legally responsible for their actions. According to the lawyer of the plaintiffs, her client is trying to draw parallels between this case and the much maligned scalp surgery. If a surgeon is given the green light to cut into someone’s head without clearly diagnosing an existing condition, is that doctor legally allowed to perform malpractice? Could this lawsuit have been prevented?
It is important to remember that this is only the first case involving a plaintiff filing a da Vinci robot lawsuit. The first patient, who filed a suit was also a woman who had her hysterectomy due to excessive bleeding, and the problem with that particular surgery was quite severe. The woman died several months later. This lawsuit is not meant to imply that a woman died because of the surgery; it is merely meant to draw a parallel.
Many people believe that frivolous medical costs are the fault of the insurance companies, who are trying to force patients to pay for their own rehabilitation. The insurance companies deny this and try to limit injury lawsuits by calling them “frivolous”. However, the plaintiffs are trying to use this tactic in order to force the companies to accept medical cost as a legitimate argument for denying damages. Many victims are trying to collect on their lost wages and suffering because of the medical expenses.
This is just one of the lawsuits being considered in the case. There have been others, including one in which a man is suing because his wife supposedly caused his artificial insemination to fail, causing him to be sterile. In another case, a man is suing his former employer for medical care he supposedly received after being subjected to a robotic surgery hysterectomy. If you or someone you know has been the victim of an injury caused by a negligent medical treatment, you may wish to consider contacting a personal injury attorney who can help you file your personal da Vinci robot lawsuit. These cases are becoming more widespread due to the increase of health-care fraud and fraudulent surgery. As the medical industry continues to be sued for its actions, victims will have more leverage in their attempts to hold negligent doctors accountable for their actions.