Robotic surgery litigation

Abstract

Like robotic surgery itself, the litigation that follows a robotic surgical misadventure is complex. This complexity is not only a reflection of a product's liability, but also because metadata are contained in surgical robots. Analogous to the ‘black box’ stored on airplanes, at the time of litigation, metadata may be a friend or a foe to the robot's manufacturer. This section provides an overview of the products liability law that can impact a robotic surgical manufacturer and concludes that for most surgical misadventures, a robotic surgical manufacturer will be better off if the surgical instrument stores large volumes of metadata.