Robotic Surgery Medical Malpractice: Who Is Responsible?

Robotic-assisted surgeries have changed medicine by helping surgeons perform complex procedures with greater accuracy and less invasiveness. Systems like the da Vinci Surgical System are now widely used in Turkey and around the world, making robotic surgery a leading option in healthcare.

However, the integration of robotics into surgery does not eliminate the risk of complications or human error. Even with robotics, surgery still carries risks of complications and human mistakes. These new technologies introduce complexity and raise new legal questions. If something goes wrong, who is responsible—the surgeon, the hospital, or the manufacturer? handling complex cases involving robotic surgical errors. In this article, we examine how these errors occur, identify who may be legally liable, and outline the steps that injured patients can take to protect their rights.

What Is Robotic Surgery?

Robotic surgery is a form of minimally invasive surgery in which doctors use robotic systems to conduct procedures with high accuracy. One of the most widely known systems is the da Vinci Surgical System, which allows surgeons to operate via small incisions while controlling robotic arms through a computer console.

Robotic systems do not work on their own; a human surgeon must guide them. The surgeon’s hand movements control small instruments inside the patient’s body. While the robot helps with precision and visibility, mistakes or malfunctions can still happen.

How Robotic Surgery Malpractice Happens

Despite the benefits, robotic surgery carries risks, especially when performed by undertrained surgeons or with poorly maintained equipment. Medical malpractice can arise from:

1. Surgeon Error

Robotic tools do not eliminate the need for surgical judgment and experience. Errors may include:

Lack of experience operating the robotic system
Inappropriate use of the robot for the patient’s condition
Poor decision-making, such as failing to convert to open surgery when complications arise
Mishandling instruments, leading to nerve damage or internal injury

2. Device Malfunction

Although robotic systems are high-tech, they are still mechanical devices prone to error:

Mechanical failure of robotic arms
Software bugs or programming glitches
Electrical malfunctions causing unintentional movement or delay
These problems can lead to serious surgical mistakes, such as organ damage or heavy bleeding.

3. Training and Supervision Failures

Hospitals must ensure their staff are qualified to use robotic systems. Common institutional failures include:

Allowing unqualified or inadequately trained surgeons to use robotic tools
Lack of proper supervision for new practitioners
Failing to require credentialing or certification for robotic procedures

4. Maintenance Negligence

Hospitals are also responsible for:

Routine inspection and servicing of robotic systems
Prompt repairs and software updates
Maintaining sterile conditions for equipment
If these responsibilities are ignored, preventable mistakes can happen during surgery.

Who Can Be Held Liable for Robotic Surgery Malpractice?

Robotic surgery errors often involve multiple layers of responsibility. Depending on the circumstances, one or more of the following parties may be legally liable:

1. The Surgeon

Surgeons are still in charge during operations. If a mistake happens because of poor decisions, lack of experience, or improper use of the robot, the surgeon can be held responsible. The robot is just a tool and does not replace good medical judgment.

2. The Hospital or Medical Center

Hospitals have a legal duty to provide:

Proper training and credentialing programs
Regular equipment maintenance
Competent surgical staff
If a hospital failed in any of these duties, it may be liable for institutional negligence.

3. The Robot Manufacturer

If an injury is caused by a problem with the robot, like a design flaw, software bug, or manufacturing mistake, the manufacturer may be responsible under product liability laws. These cases are complex and often need technical experts to help prove what went wrong.

Common Injuries in Robotic Surgery Malpractice Claims

Medical malpractice claims involving robotic surgery may include a range of injuries, some of which are life-altering:

Perforation of internal organs
Uncontrolled or excessive bleeding
Nerve damage leading to loss of sensation or movement
Postoperative infection due to contaminated equipment
Scarring from unnecessary conversion to open surgery
Complications resulting in wrongful death

In many cases, the injuries are worsened by delays in recognizing complications or failure to take corrective action during the procedure.

How Oran Partners Can Help

At Oran Partners, we focus on investigating and handling robotic surgery malpractice cases. Our team works carefully to find every possible way to hold the right parties accountable.

We Provide:

Detailed Investigation into surgical procedures and operating room protocols
Access to Expert Witnesses, including robotic surgery specialists and biomedical engineers
Legal Action against all responsible parties, including doctors, hospitals, and manufacturers
Support for International Clients who underwent surgery in Turkey’s medical tourism sector

We are committed to helping you get full compensation for:

Medical expenses (past and future)
Lost income and reduced earning capacity
Pain and suffering
Expenses related to corrective surgeries
Emotional distress and loss of quality of life

What to Do If You Suspect Robotic Surgery Malpractice

If you or a loved one has experienced complications after robotic surgery, take the following steps to protect your rights:

Request Your Medical Records

Secure complete copies of hospital and surgical records, including any device logs or reports.

Document Your Injuries

Take photographs, keep a symptom diary, and record how the complications have affected your daily life.

Get a Second Medical Opinion

An independent review can help determine if the original surgery deviated from accepted medical standards.

Contact a Malpractice Lawyer Immediately

It is important to act quickly. This helps protect evidence and gives your lawyer time to start investigating before any documents are lost or changed.

Take the First Step Toward Justice

At Oran Partners, we know that dealing with medical malpractice can feel overwhelming, especially when technology is involved. You do not have to face this on your own.

Contact us today for a free, confidential consultation.
Our experienced team of legal and medical professionals is here to help you seek justice and the compensation you deserve.