Expansion Of The Law: How New Technology Creates New Legal Issues For Clients, Lawyers

New technology always brings excitement and disdain with it. On the one hand, you have an entirely new way of doing something, while on the other hand there are new problems and legal issues which erupt as the result of misuse of the new technology. An example of new technology sometimes going awry is robotic surgery. Surgeons are able to make tinier incisions and use laparoscopic instruments via robotic assisted technology. However, the surgeon is the one controlling the robotic arms, and injuries are an unfortunate side-result. If you find yourself in this position, your next steps may create new legal actions.

Deciding If Your Case Qualifies as Malpractice

Usually, if a surgeon causes more harm than good during a surgical procedure, you could sue him or her for malpractice. The big question with robotic surgery is whether or not it qualifies as malpractice when the technology is so new and the robotic arms may be more to blame than your surgeon. The robotic arms respond to signals received via a computer with a "joystick" controller that the surgeon uses to control the arms and the instruments. The only way you can sue for a clear-cut case of malpractice is if you have the evidence in hand that your surgeon did not know what he or she was doing or has never received training with the surgical robots.

Injuries Which Extend Your Pain and Suffering

When new technologies create or extend your pain and suffering, then it becomes clear to the courts that the procedures were either A) not effective for you personally, and/or B) they were not appropriate for your particular medical circumstances. Sometimes doctors get so excited about new procedures that they want to try them out on every patient and gain more experience with their use. However, they need to be reminded that not every patient and every situation is applicable to the new techniques or technology. Your current pain and suffering can be used for good when you sue your doctor for the costs of rectifying a surgical procedure gone wrong.

Where to Turn for Help

Because this technology is so new, and your situation is one that personal injury attorneys might not be wholly familiar with, it might be best to seek out a robotic surgery attorney such as Otorowski Johnston Morrow & Golden P.L.L.C. This is a lawyer who has a background in personal injury cases, but has obtained updated training regarding robotic surgery. He or she is more knowledgeable about the process and what can go wrong, and has experience in defending cases like yours.