The complexity of litigation associated with robotic surgery and cybersurgery

Abstract

Litigation after cybersurgery, i.e. remote robotic surgery, will be complex. In addition to being able to sue physicians and hospitals, patients who sustain an adverse outcome after cybersurgery will have the potential to sue the robotic manufacturer and the telecommunications company. Moreover, cybersurgery litigation will involve laws that are generally unfamiliar to healthcare providers. Accordingly, this article examines a lawsuit involving a robotic surgical instrument as a model to suggest where liability traps may arise during the delivery of cybersurgery.