As technology advances, robots are becoming increasingly common in the medical field. They are used for various tasks, such as performing surgery and assisting with patient care. While there are many benefits to using robots in medicine, there is also a risk of them malfunctioning or making mistakes. This can lead to serious injuries for patients, prompting medical malpractice lawsuits in New York civil courts.
Determining liability in a medical malpractice case
Three parties are typically held responsible in a medical malpractice case for injuries caused by a robot. They include the robot manufacturer, the hospital that purchased it and the doctor who operated it. Each party will likely have some degree of responsibility in a medical malpractice case involving a robot.
For example, if a manufacturing defect caused the robot to malfunction and injure the patient, the manufacturer would be liable. If the hospital did not properly maintain or train staff on how to use the robot, they could also be held responsible. And, if the doctor was negligent in operating the robot, they could also be held accountable.
Proving negligence in a medical malpractice case
To build a solid case, you would need to prove that the party or parties involved were negligent and that their negligence led to your injuries. This would require evidence such as medical records, expert testimony and eyewitness accounts. The judge may also want to hear from the parties involved to get their sides of the story.
If you are filing a lawsuit against the doctor, hospital or manufacturer responsible in New York, you will need to do so within two and a half years of the date of your injury. This is known as the statute of limitations. If you do not file within this timeframe, the court will likely bar you from proceeding with the legal action unless there is a compelling reason not to.
