Undergoing surgery can be a traumatic experience for many Florida residents. Routine surgical procedures are relatively safe, but there are always risks involved. A New Jersey man unfortunately suffered numerous injuries after doctors botched a prostate cancer surgery in September 2010.
The surgery lasted longer than expected because a DaVinci Robotic surgical device malfunctioned during the procedure. The defective product caused the man to undergo numerous additional surgeries because of the complications involved. These complications include bleeding, pain, spasms, nerve damage, injuries to the legs, bladder problems, anxiety and depression. These resulted in extensive hospitalization and rehabilitation, resulting in no chance of full recovery.
The man and his wife are suing Intuitive Surgical, the maker of the device, as well as Jefferson University Physicians, Thomas Jefferson University Hospital and Jefferson Urology Associates. The defective products claim includes negligence, product liability, fraud, negligent training, breach of warranty and loss of consortium. Because of the amount of damages the couple is seeking, the case has been moved from Philadelphia Court of Common Pleas to the federal court.
Even if a product has been tested multiple times, it is not infallible. Defects can occur during the manufacturing process, allowing a product to cause injury to a person. These injuries can be serious or even fatal. Even if the defects and subsequent injuries were unintentional, the manufacturer can still be held liable under the law of strict liability.
It can be difficult to prove that a product was defective and caused injuries to someone. In some cases, the malfunction doctrine may apply. This allows a victim to rule out other possible causes of injury and ultimately show that the defective product caused the accident and injuries. Those in this situation may wish to seek legal help to determine their legal rights to compensation.
Source:
The Pennsylvania Record, “Surgical device manufacturer faces products liability claim over injuries sustained in botched prostate cancer surgery” Jon Campisi, Aug. 21, 2013
