Employer Fundamentals: Understanding Employment Law
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Employer Fundamentals: Understanding Employment Law

As a business owner, keeping informed about the finer points of employment law is important. If you're getting ready to hire your first employees, you need to be sure that you understand exactly what you can and cannot do. Don't risk getting yourself into legal trouble by asking the wrong question at the interview or making an off-hand comment that's considered legally unacceptable. I created this site to give you the basics of employment law expectations. I hope that the information here helps you to understand what you should and shouldn't do as you're interviewing and hiring your first staff members.


Employer Fundamentals: Understanding Employment Law

Injuries From Robotic Surgery Malpractice

Irene Robertson

Robotic surgery is touted as the newest improvement for difficult surgeries.  Surgeons can perform minimally-invasive procedures through small incisions rather than in traditional open surgeries.  However, the risks still exist.  If you feel that you were injured as a result of robotic surgery, you may be able to receive compensation for your injuries:

Dangers of Robotic Surgery

Robotic surgical equipment may not be tested long enough by manufacturers before being marketed.  Manufacturing defects can cause injuries during surgeries.  

In addition, when hospitals purchase expensive robotic surgical equipment, they often pressure surgeons to use the equipment to pay off their investment.  However, experienced surgeons may not be sufficiently trained for use of such devices.  Many recent surgeons coming out of medical school have robotic surgical training as part of their residencies, yet long-time surgeons may not have similar opportunities.  Patients may unwittingly become lab rats for practicing surgeons. 

Malpractice Suits

If you were injured during a surgery using robotic equipment, you may be eligible for compensation.  Normally, the manufacturer, the hospital, and the surgeon are listed as defendants in robotic surgery malpractice lawsuits.  

First, the manufacturer may be responsible for a faulty product.  Manufacturers must prove that they adequately tested the robotic devices.  

Likewise, the hospital may be accountable for not maintaining the robotic equipment according to the manufacturer's specifications.  The hospital will need to prove that they followed guidelines in servicing the equipment.  Furthermore, they will need to prove they sufficiently trained their surgeons in the use of the equipment.  

In addition, the surgeon may be negligent if he or she did not use the equipment correctly.  The newer the surgical equipment is,  the more liable the physician may be.  Because the surgeon has less experience with newer equipment, he also has less mastery over that device.   The surgeon may also be at fault if you were not a good candidate for surgery with that specific device.    

Indeed, the surgeon has a responsibility to know the benefits and risks of the robotic surgical equipment.  If a surgeon is going to use a particular device, he must stay informed about the safety record of it as well as any recalls or problems.  If the FDA has flagged the device for problems, the surgeon is even more liable for any injuries resulting from its use.  

Similarly, if the surgeon did not warn you of the risks and benefits of robotic surgery, he is negligent.  Surgeons should explain why using the robotic surgical device is preferable to older, tried-and-true methods.  You, as the patient, should have had a choice in your surgical options.  If you did not, your surgeon may be liable for injuries sustained during surgery.  

Meet with personal injury lawyers to determine the best course of action for your lawsuit.  You could receive financial compensation for your medical bills, pain and suffering, and loss of wages.