The DaVinci Lawsuit, as well as the Intuitive Medical system are both extremely complex and expensive medical technologies and equipment systems. These devices are extremely complex and potentially even a small misstep in surgery can create major consequences for an entire surgical team or even individual surgeons. Many of these complications arise due to the surgeon not having adequate training or the incorrect application or administration of anesthesia or other medication during surgery. As such, it is imperative that any surgeon who will be using or handling these types of highly sophisticated and potentially life-threatening surgical tools must have the appropriate training and experience in their particular field of expertise.
Intuitive Aesthetic has been the focus of many lawsuits throughout the past decade and the company continues to battle those lawsuits in an effort to avoid paying compensation to injured patients. Despite its many advantages, the DaVinci lawsuit is based on the fact that Intuitive did not provide sufficient warnings about the potential dangers and complications of its product. In addition to that, plaintiffs in a number of prior lawsuits have claimed that Intuitive was negligent in failing to adequately train their surgeons regarding the dangers of the da Vinci surgical system. Furthermore, although the company repeatedly emphasizes that all patients who use the DaVinci system have excellent safety and satisfaction ratings, this policy simply is not true. This is especially true considering that the vast majority of plaintiffs who have filed suits against Intuitive have sustained burns and other serious injuries as a result of the device and/or the surgery.
The plaintiffs in the DaVinci lawsuit are represented by one of the most well-known personal injury attorneys in the nation. After reviewing the case, attorney Georgeeston stated “The overwhelming evidence demonstrates that Intuitive did not provide reasonable warnings about the potential risks of its machine. Despite these warnings, which were readily available to patients, physicians continued to operate Intuitive machinery on patients to know that they were at risk of serious harm. This litigation is not about proving that Intuitive was unsafe but about protecting patients from injuries and treating their injuries with carelessness.” (ibid.)
The underlying facts in the DaVinci lawsuit are simple: An elderly woman suffered burns in her back while using Intuitive’s Surgical System on her hip in February of 2007. Complications from this procedure left the woman with severe pain and permanent disabilities. After months of struggle with the injuries and her financial suffering, the woman’s family brought the matter to the attention of the leading personal injury attorneys in the country, asking that they represent her in her lawsuit. A meeting was set up between the attorneys and the woman’s family to discuss the case and possible outcomes.
There are two components to the da Vinci lawsuit, both of which pertain to the design defect of the device in question. One is that there is a design flaw whereby parts of the Surgical System fail to work correctly. As the device is supposed to have a backup battery, there should be one when the machine is turned off and on again. In addition to this, there should be a manual that instructs patients how to use the system. Unfortunately, this manual was never produced or contained any instructions or reminders by the manufacturer or the doctor that they should utilize it.
Another component of the lawsuit plaintiffs’ case is that Intuitive should have created a means for doctors to obtain a copy of the patient’s medical records before surgery. However, Intuitive did not provide this means, even after having been informed that doing so would allow doctors to verify that the device was used properly and safely the way it was designed to be. This is an important aspect of the lawsuit because it shows how poorly designed Intuitive was in regard to safety, and also demonstrates just how difficult and costly it is for patients who suffer from injuries to seek compensation following such accidents. For many individuals who have suffered injuries such as these, the last thing that they need is to struggle financially because their doctor misused a piece of equipment that was designed to save lives. If you or a loved one has suffered injuries from a negligent medical malpractice device, contact an attorney that specializes in cases like these today.