Can Robotic Surgery Mistakes Lead to Medical Malpractice Claims?
Using robotic tools during surgery is becoming increasingly common as the years go by. These tools allow the surgeon to operate with enhanced precision and minimal invasion. However, when a mistake with these tools results in patient harm, the fault lies with the surgeon who misused them. If you or someone you love has been affected by the negligence of a medical professional, seek counsel from our Pottsville medical malpractice lawyers at Fanelli, Evans & Patel.
Who Is Responsible for a Robotic Surgical Mistake?
Even though robotic systems are highly advanced, they are only as safe as the people operating them. If you have been injured by a robotic tool during your operation, you may be able to file your claim against the medical professionals in charge of the device, along with the device’s manufacturer and the hospital itself.
Four Things You Must Prove in a Medical Malpractice Case
To pursue a successful medical malpractice claim, you generally must establish four key legal elements. If even one of these elements is missing, the case may not succeed.
The Provider Owed You a Duty of Care
The first thing you’ll need to prove to the court is that your medical team had a legal duty to care for you. You can provide copies of your medical records that include information about the healthcare professionals tasked with your operation.
Once the relationship is established, Pennsylvania law recognizes that the medical professional has a duty to treat you according to accepted medical standards.
The Provider Breached the Standard of Care
Next, you must show that your medical provider failed to meet the standard of care. To prove this, you and your lawyer can gather eyewitness testimony from hospital staff members, testimony from a medical professional in a similar field, or the hospital’s history with similar negligent incidents.
The Breach Caused Your Injury
You must then prove that your provider’s negligence directly caused your injury. You can offer the court copies of your medical records that show further treatment after the surgery, photos and videos of your visible injuries, and a detailed timeline of events.
You’ve Damages Suffered As a Result of the Incident
Finally, you must show the court that your injuries led to real-life financial and emotional harm. You can include evidence of income you’ve lost due to not being able to work from your injuries, testimony from your therapist and loved ones about your mental status and decline in quality of life since the incident, copies of your medical bills, and more.
Your lawyer can then advocate on your behalf during official legal procedures to pursue compensation for your pain.
Don’t Hesitate to Seek Legal Counsel From Our Medical Malpractice Attorneys in Pottsville
No matter what happened during your surgery, the negligent harm caused to you is not acceptable. If you suspect your pain happened due to the actions of your medical team, you need to understand your legal rights and options under Pennsylvania law. Reach out to our Pottsville medical malpractice attorneys at Fanelli, Evans & Patel by calling 570-622-2455 or contacting us online today.