Category Archives: Personal Injury

Robotic Surgery: Medical Malpractice or Product Liability?

When one gets injured while under the surgical knife, the first thing that comes to mind is medical malpractice. But what if the knife was actually being wielded by a robot? This is more likely to fall under product liability if the injury is a result of a manufacturing or design defect rather than surgical error.

Science fiction has once again become simply science with the growing popularity of robotic surgery. There are many advantages to using robots in surgery. Aside from the wow factor, robot arms don’t get tired even after hours of surgery, so there are fewer accidents that happen on the operating table. Using robots also allows surgeons to be more precise when they work, which is important when dealing in micro-millimeters rather than centimeters. It also makes invasive procedures less so by requiring smaller incisions.

The technology has been around for some time, and many hospitals are jumping on the bandwagon because it looks good on their brochures to offer such high technology options to their patients. Unfortunately, there are some bugs to the technology that has led to some serious injuries to patients. The most well-known robot assistant in surgery is the da Vinci surgical system manufactured by Intuitive Surgical Inc., which is being sued by at least 25 patients for a variety of injuries caused by burns. Although it may be intimidating to go against such a big company, taking legal action in such cases is the responsible thing to do.

According to the website of Jeff Sampson, these cases are considered product liability lawsuits. Product liability is an area of law that focuses on protecting people from dangerous products. These products could be poorly designed, malfunctional, defective, or mislabeled. When they cause undue injury to ordinary people, their manufacturers can be held accountable.

It is also posited that some of the problems that may accrue from robotic surgery is related to the steep learning curve from using the technology. Doctors are simply not trained well enough to use the technology effectively, and robotic surgery is not yet well regulated. Patients who are considering robotic surgery should do their research regarding the need for such precise surgery, the consequences, and the expertise of their surgeon with the technology before consenting to the procedure.

If you have already sustained injuries due to robotic surgery, consult with a personal injury in your area to determine if your case falls under medical malpractice or product liability. Your lawyer will know how to proceed depending on the findings.

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Compensation for Truck Accidents Resulting in Disability/Disability Benefits

The aftermath of truck accidents is never pretty, especially when it involves the large ones like an 18-wheeler. However, it is usually the smaller vehicle that bears the brunt of the damage, and its driver and passengers often end up injured or dead. This is why licensing for truck drivers and other commercial drivers are more stringent than for ordinary folks; they have to be better drivers and more responsible because trucks can cause a lot more damage than a regular car.

When an accident happens because a truck driver is over-fatigued or simply careless, this is considered negligent behavior and renders both the truck driver and the trucking company liable for providing compensation for any injuries or deaths that may result. If a victim of this negligence is so seriously hurt that they are unable to work temporarily or permanently, compensation may also be forthcoming for disability via disability benefits.

Truck accident lawyers such as Habush Habush & Rottier S.C. ® in Wisconsin are very familiar with the devastating effects of such an event. They maintain that when the cause of an accident is negligence, the victim has the right to sue for medical bills, mental and emotional trauma, and other damages especially if it results in disability.

In addition, victims of truck accidents resulting in disability can claim disability benefits from the Social Security Administration, although it is not always easy to get approval. The different disability benefits that an accident victim may qualify for depend on the disabled victim’s circumstances.

Truck accidents can be life-changing, but with the right representation, disability does not mean the end of the road for the victim. All it takes is a little time and patience, and finding the right person to help one through the legal recovery process.

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