Written by Yusra Javed
Although artificial intelligence (AI) assisted surgeries have gained traction in modern-day medicine and are increasingly promoted as a safer and more precise alternative to traditional surgical techniques performed by humans, numerous patients have filed surgical error lawsuits seeking compensation for their damages and alleged serious injuries following procedures that involve the use of AI-programmed devices. In particular, cases involving robotic colon cancer surgeries using Intuitive Surgical’s da Vinci Surgical System have brought attention to surgical errors and device-related complications.
Overview of the da Vinci Surgical System
The da Vinci Surgical System is a piece of advanced robotic technology with clearance from the Food and Drug Administration (FDA), manufactured by Intuitive Surgical, that helps surgeons perform minimally invasive procedures.1 The robot is particularly used for surgeries involving the kidney, prostate, ureter, and pelvic regions. It provides surgeons with a three-dimensional, highly magnified view (up to 10x) of the surgical field. The system has four robotic arms: one is dedicated to imaging, while the remaining three manipulate surgical instruments. These mechanisms allow for precision and controlled movements during high-pressure procedures.2
Similar to the majority of the technology that is utilized in healthcare today, the intent behind da Vinci was to ease the operation process for surgeons and to reduce the likelihood of mistakes in the operating room.
Wrongful Death Lawsuit Arises from da Vinci Robotic Surgery Complications
In 2021, Sandra Sultzer of Florida began experiencing abdominal pain and fevers after she underwent surgery for colon cancer. Only a few months later, in February 2022, she passed away due to a small intestine injury. Her husband, Harvey Sultzer, promptly filed a wrongful death lawsuit against Intuitive Surgical for damages, alleging that the robotic device had burned a hole in Sandra Sultzer’s small intestine while she was in surgery. The lawsuit also alleges that
Intuitive Surgical has received thousands of reports regarding injuries and defects associated with da Vinci, but has deliberately underreported the injuries to the FDA.3
Common Patient Injuries
- Device Malfunctions During Surgery
- Electrical Burns
- Internal Damage
- Body Position Injuries
- Long-Term Problems
- Death
Potential Implications for Patients & Hospitals
The Sultzer case highlights the growing number of reported incidents involving robotic-assisted surgical devices such as the da Vinci system. If the allegations are proven, it could prompt increased regulatory oversight, strict reporting requirements to the FDA, and a closer examination of manufacturer liability for device defects. However, it is also crucial for hospitals and surgeons to ensure proper device training and informed consent.
As the ethics of AI-assisted and robotic surgeries continue to be debated, the Sultzer case is one of many lawsuits of patient harm that will shape how the healthcare industry can balance innovation with safety and legal accountability moving forward.
If you or a loved one suffered complications following a surgery using the da Vinci robotic system, you may have legal options. Reach out to our team for a confidential consultation to learn more about your rights and whether you could be eligible for compensation.
Sources
1 Intuitive Surgical, “Intuitive Surgical Announces New da Vinci® Xi™ Surgical System,” Intuitive Surgical News Release, April 15, 2014, https://isrg.intuitive.com/news-releases/news-release-details/intuitive-surgical-announces-new-da-vincir-xitm-surgical-system/.
2 Sakina Fatima, “Da Vinci Xi Surgical Robot Perform Kidney Surgery in Dubai,” Siasat, May 19, 2022, https://archive.siasat.com/news/da-vinci-xi-surgical-robot-perform-kidney-surgery-in-dubai-2330469/.
3 Aria Bendix, “Robotic Device Burned a Woman’s Small Intestine During Surgery, Lawsuit Alleges,” NBC News, February 9, 2024, https://www.nbcnews.com/health/health-news/robotic-device-burned-womans-small-intestine-surgery-lawsuit-alleges-rcna137998.
