Medical malpractice in robotic surgery: a Westlaw database analysis.

Area of Science:

• Medical Malpractice Law
• Surgical Robotics
• Patient Safety

Background:

• Robot-assisted surgery malpractice claims have surged over 250% in the last seven years compared to the prior seven-year period.
• Understanding trends in claimed liabilities and legal outcomes is crucial for mitigating future litigation.
• The increasing prevalence of robotic procedures necessitates a review of associated legal challenges.

Purpose of the Study:

• To examine malpractice claims related to robot-assisted surgical procedures.
• To identify trends in claimed liabilities and legal outcomes.
• To determine strategies for minimizing future litigation in robotic surgery.

Main Methods:

• Retrospective analysis of U.S. state and federal trial data from the Westlaw legal database (2006-2013 and 2014-2021).
• Data abstracted included case details, claimed injuries, liabilities, verdicts, and damage awards.
• Sixty-one cases across 25 states were identified and analyzed.

Main Results:

• Defendant verdicts predominated (77.8%) in the 2014-2021 period (35 out of 45 cases).
• Commonly claimed liabilities were negligent surgery (82.2%), misdiagnosis (46.7%), delayed treatment (35.6%), and lack of informed consent (31.1%).
• Hysterectomy (42.2%) was the most frequently litigated procedure, with obstetrics/gynecology being the most litigated specialty (48.9%).

Conclusions:

• Malpractice litigation in robot-assisted surgery, while increasing, remains infrequent.
• Lessons from past cases emphasize the importance of addressing common liabilities like negligent surgery and informed consent.
• Strategies such as malpractice reform, continuing medical education, and enhanced informed consent protocols can help minimize future litigation.