There is a new and exciting development on the horizon of medical care. Although robots have been assisting surgeons for years in smaller capacities, they may soon perform complete surgeries.
At this time, robot-assisted surgery is used for minimally invasive procedures, such as those performed through tiny incisions, although it is also sometimes used in traditional surgeries. In the near future, complete surgeries will be performed through autonomous robotic surgery (ARS). This advancement will provide many benefits to patients, such as superior accuracy, shorter hospital stays, and a faster recovery. Today, when a surgeon uses a medical device in surgery, he or she is the one who advises patients of the risks of a procedure based on individual medical history and future needs.
Medical device manufacturers are not expected to warn patients of potential risks because the surgeon is considered a learned intermediary who has the unique knowledge to inform and educate the patient. Since there are many medical complexities involved in a surgery, a medical device manufacturer should not be the source of guidance and information. That responsibility should be managed by the surgeon. Although the new landscape of robotic surgery may have a dramatic impact on medical product liability cases when something goes wrong, the surgeon has a much greater capacity to understand and convey the surgical procedure and its risks.
If you or a loved one has experienced a medical injury or any other injury caused by a medical device, please contact the New Jersey med mal lawyers at Eichen Crutchlow Zaslow, LLP at 732-777-0100, or contact us online for a free consultation. Our offices are centrally located in Red Bank, Toms River, and Edison, New Jersey, and we serve clients throughout the state.