After a robotic surgical misadventure in the United States, the subsequent litigation often involves a medical malpractice action against the surgeon and the hospital, and a products liability action against the robotic surgical instrument manufacturer. Because of the multiple Defendants, finger-pointing is common and results in a settlement. However, metadata within the robotic instrument may provide the manufacturer with a strong defence against liability. Accordingly, metadata within the computer may result in hospitals and surgeons shouldering more of the liability for robotic surgical misadventures.
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