Is a Surgeon Liable for Robotic or AI Surgery Malpractice?
Healthcare professionals are held to a higher level of care when dealing with surgery. With the increasingly common use of robots and AI during surgery, injured patients may not understand who can be held responsible. These devices are classified as any other tool in surgery, and the surgeon in charge is typically responsible for any injuries caused during the procedure. If you or someone you care about has been hurt due to the actions of a medical professional, do not hesitate to contact our Greenville medical malpractice lawyers.
How Robots and AI Can Affect Medical Malpractice Cases in South Carolina
Using a robot or AI assistance does not change the legal standard of care. The surgeon is still expected to act as a reasonably competent surgeon would. In South Carolina, medical malpractice happens when a healthcare professional acts negligently, and this negligence directly injures a patient. The surgeon is responsible for preventing harm and responding to machine and tool malfunctions.
However, depending on what happened during your surgery and the type of malpractice, you may be able to file your claim against multiple parties. This can include:
- The surgeon
- The anesthesiologist
- The nurses
- Other hospital staff
- The hospital itself
You may also be able to file a product liability claim against the manufacturer of the robot or AI. In South Carolina malpractice cases, the central question is whether the surgeon acted as a reasonably competent surgeon would under similar circumstances.
This standard includes having proper training on the robot or AI system being used, actively monitoring the procedure, and intervening if the technology fails. If a surgeon blindly relies on AI or fails to properly supervise its use, this can increase their liability rather than reduce it.
Proving Medical Malpractice in Greenville, South Carolina
To start your malpractice claim, it’s essential to seek legal counsel from an experienced medical malpractice attorney. You’ll need to work together to obtain an expert affidavit before you can pursue your case.
Outlined in S.C. Code § 15-36-100, this affidavit should include a medical professional’s opinion about the standard of care in your specific surgery and how your surgeon failed to uphold that standard of care. You and your lawyer can then work to prove to the court:
- That your medical provider had a legal duty to care for you
- They failed in their legal duty
- That failure directly caused your injuries
- Your injuries led to financial and emotional losses, such as medical debt, lost income, and pain and suffering
Reach Out to Our Medical Malpractice Lawyers in Greenville
Patients who consent to surgery deserve to be able to trust and rely on their surgery team to care for them. Unfortunately, when a healthcare professional fails at their duty to care for their patient, the consequences can be severe.
To understand if you can pursue a medical malpractice case against the party responsible for your pain, contact Parham, Smith, & Archenhold, LLC, online or by calling 864-242-9008. Our Greenville medical malpractice attorneys are ready to review your case, collect relevant evidence, and advocate for your rights during all legal proceedings.