Surgical Robot Injuries: Your Rights and Legal Options#
Robotic surgical systems like the da Vinci have transformed modern surgery, but they’ve also created new categories of patient injury. When a surgical robot malfunctions or is operated improperly, patients may suffer burns, organ damage, or worse. Understanding your legal options is the first step toward holding responsible parties accountable.
The Rise of Robotic Surgery#
Surgical robots have become ubiquitous in American hospitals. Intuitive Surgical’s da Vinci system dominates the market with nearly 60% global market share and over 9,500 systems installed worldwide as of late 2024. These robots performed more than 2.5 million procedures in 2024 alone, representing 17% growth from the previous year.
The technology promises smaller incisions, reduced blood loss, and faster recovery. But the complexity of these systems introduces risks that don’t exist in traditional surgery—electrical burns from instrument failures, uncontrolled movements, and system malfunctions that can leave patients on the operating table while surgeons troubleshoot.
FDA Adverse Event Data: The Numbers#
The FDA’s Manufacturer and User Facility Device Experience (MAUDE) database tracks medical device problems reported by manufacturers, healthcare facilities, and patients. The data reveals consistent patterns of harm:
Historical Data (2000-2013)#
A comprehensive study analyzing 14 years of FDA data found:
- 10,624 total adverse event reports involving surgical robots
- 144 patient deaths (1.4% of reports)
- 1,391 patient injuries (13.1% of reports)
- 8,061 device malfunctions (75.9% of reports)
The injury and death rate remained relatively constant at approximately 83.4 incidents per 100,000 procedures.
Recent Trends#
By 2018, adverse events involving the da Vinci system exceeded 20,000 reports, including:
- More than 2,000 reports of severe injuries
- 274 reports of patient deaths
These numbers likely underrepresent the true scope of the problem. The FDA has warned Intuitive Surgical about failure to report adverse events, and researchers note that voluntary reporting systems capture only a fraction of actual incidents.
Common Surgical Robot Injuries#
Patients injured by surgical robots report a range of complications:
Electrical and Thermal Burns#
The da Vinci system uses electrosurgical instruments that can cause burns if current leaks to unintended areas. Research from the University of Western Ontario tested 37 da Vinci instruments and found all of them had “energy leakage”—some sufficient to cause electrical burns.
Lawsuits allege that cracks or slits in rubber tip covers allow electricity to escape without surgeons’ knowledge, burning internal organs.
Organ Perforation and Laceration#
Robotic arms operating inside the body can puncture or tear organs. In February 2024, a wrongful death lawsuit alleged that a da Vinci robot burned and perforated a patient’s small intestine during colon cancer surgery. The patient, Sandra Sultzer, developed complications and died months later.
Uncontrolled Movements#
System malfunctions can cause robotic arms to move unpredictably, potentially causing internal damage that may not be immediately apparent.
Extended Surgical Times#
When robots malfunction mid-surgery, the resulting delays can increase infection risk and complicate procedures. Studies show surgical delays averaging nearly 18 minutes in reported incidents, with some lasting an hour.
Conversion to Open Surgery#
Robot failures sometimes require emergency conversion to traditional open surgery, negating the benefits of minimally invasive approaches and increasing patient risk.
Recent Recalls and Safety Issues#
Intuitive Surgical has issued multiple recalls affecting their systems:
- March 2024: Da Vinci 5 recalled due to foot pedal spring failures causing pedals to become stuck
- 2024: Da Vinci 5 Endowrist Vessel Sealer Extend recalled for insufficient sealing potential
The FDA has also warned doctors and patients against using robotically-assisted devices for certain cancer surgeries based on research showing poor outcomes in cancer patients.
Legal Avenues: Product Liability vs. Medical Malpractice#
When surgical robots injure patients, two primary legal theories apply—and many cases involve both.
Product Liability Claims#
If the robot itself is defective, the manufacturer (Intuitive Surgical) may be liable. Product liability claims can be based on:
Design Defects: The robot’s fundamental design is unreasonably dangerous. For example, claims that da Vinci’s electrosurgical instruments are prone to energy leakage that causes burns.
Manufacturing Defects: A specific unit was improperly assembled or contains faulty components.
Failure to Warn: The manufacturer didn’t adequately warn surgeons or patients about known risks.
To succeed in a product liability claim, patients typically must prove:
- The product was defective
- The defect existed when it left the manufacturer
- The product was used as intended
- The defect caused the patient’s injury
Medical Malpractice Claims#
If the surgeon or hospital acted negligently, they may be liable even if the robot functioned properly. Common malpractice claims include:
Inadequate Training: Surgeons performing procedures without sufficient training on the robotic system
Improper Patient Selection: Using robotic surgery when traditional approaches would be safer for a particular patient
Negligent Operation: Errors in controlling the robot during surgery
Failure to Monitor: Not properly maintaining or inspecting equipment before surgery
Failure to Convert: Continuing with robotic surgery when complications indicate switching to traditional methods
Pursuing Both Claims#
Many cases target both the manufacturer and healthcare providers. A 2017 Michigan case resulted in a $1.5 million settlement after a da Vinci-assisted hysterectomy during which the surgeon cut the patient’s inferior vena cava. Another patient received a $250,000 settlement from Intuitive plus a $790,000 settlement from the patient compensation fund.
Settlement History#
In 2014, Intuitive Surgical set aside $67 million to settle approximately 3,000 claims related to the da Vinci system, some dating back to 2012. The company determined settlement was more cost-effective than continued litigation.
As of February 2024, Intuitive Surgical disclosed approximately 93 active da Vinci lawsuits in various courts across the country in its SEC filings.
Building a Strong Case#
If you’ve been injured during robotic surgery, consider these steps:
1. Document Everything#
Request complete copies of your medical records, including operative reports, nursing notes, and any equipment maintenance logs. Note symptoms and complications as they develop.
2. Understand the Timeline#
Many states have statutes of limitations for medical malpractice and product liability claims. These deadlines vary by state and may begin from the date of injury or the date you discovered (or should have discovered) the injury.
3. Consult Specialized Attorneys#
These cases require expertise in both medical malpractice and product liability law, plus technical understanding of robotic surgical systems. Look for attorneys with specific experience in surgical robot litigation.
4. Preserve Evidence#
If possible, ensure the hospital preserves the specific robotic instruments used in your surgery. This evidence can be crucial for proving manufacturing defects.
Questions to Ask After Robotic Surgery Complications#
If you experienced complications after robotic surgery, consider investigating:
- Was my surgeon adequately trained and credentialed for robotic procedures?
- Were there any equipment malfunctions during my surgery?
- Has this hospital or surgeon had previous robotic surgery complications?
- Were the robotic instruments properly maintained and inspected?
- Did any FDA recalls affect equipment used in my procedure?
The Future of Surgical Robot Liability#
As surgical robots become more autonomous and AI-assisted, liability questions grow more complex. The legal system is still developing frameworks for determining responsibility when automated systems contribute to patient harm.
Current trends suggest courts will continue holding manufacturers accountable for device defects while applying traditional malpractice standards to surgeon errors. Patients injured by surgical robots should understand that multiple parties may share responsibility—and that pursuing compensation often requires targeting both the technology manufacturer and healthcare providers.
Related Resources#
- Medical AI - AI in diagnostic and treatment decisions
- Industrial Automation - Robot safety in manufacturing settings
- Contact Us - Get help understanding your legal options
This information is for educational purposes and does not constitute legal advice. Surgical robot injury cases are complex and fact-specific. Consult with qualified legal professionals to understand your rights.
