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Wisconsin | FAQs

Who is liable if I’m hurt by a da Vinci robot during surgery?

Here’s a hint: the answer is not the robot. The robot is not recognized as a potential defendant, nor does the robot have any insurance or any assets from which you can recover damages.

But You May Still Recover

While it won’t be the da Vinci robot itself that provides you with damages, you may be able to recover for the harm that has been done to you. First, however, you will need to prove that your injuries were caused by:

  • A defect with the da Vinci robot. A defect may be a problem in the manufacturing of the robot, or a problem with the warnings that were provided with the robot. Either way, you may be able to prove that the surgical equipment was defective and that this defective medical product caused your injury.
  • Medical malpractice. If your injury was not caused by a problem with the da Vinci surgical system then it might have been caused by the surgeon who used the equipment improperly during your surgery.

It is important for you to know exactly what caused your injury so that you can pursue a fair and just recovery from the responsible party.

How to Know the Cause of Your Injury

It can be difficult to know what caused your injury until a full investigation is completed. An experienced medical device class action lawyer knows how to investigate these cases so that you can get the answers, and the potential recovery, that you deserve. To learn more about your rights and about how a lawyer may be able to help you, please fill out our online contact form today to schedule a free, no obligation consultation.

Jason F. Abraham
Managing Partner, Hupy and Abraham

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