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AI In Surgeries, Who Bears the Responsibility for Negligence?

coveryouadmin by coveryouadmin
September 29, 2024
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AI In Surgeries, Who Bears the Responsibility for Negligence?

The 21st century has revolutionized the health care sector globally. Advanced technologies that include Artificial Intelligence and Robotic surgery have empowered hospitals with the ability to automate and be effective. Robotic Surgical Systems are transforming minimally invasive to complex surgeries, offering a highly advanced and precise platform for better patient outcomes.

In 2000, the All-India Institute of Medical Sciences (AIIMS) in New Delhi became the first institute in India to have its own surgical robot. Since then, the number of robotic systems has seen a gradual increase. As of 2021, there are nearly 76 fully functional surgical robots across India, and over 500 surgeons trained in robotic surgery.

Scale of Robotic Assisted Surgery in India

Artificial Intelligence and Robotic-assisted surgery mark the ultimate stage of brilliant scientific advancement. On June 13, India launched its first Indigenous Surgical Robotic System, SSI Mantra. It is highly advanced and is designed to enhance surgical precision, efficiency, and patient outcomes. Over the past 12 years, 12,800 operations have been effectuated through these modern techniques. However, concerns about the reliability of AI in operating rooms are rising.

A case was reported where a guy had filed a case against a doctor stating that the said doctor had done the robotic surgery to his wife. The doctor cut the outer lilac artery and continued doing the operation for subsequent three hours without rectifying the injury. The patient suffered heavy blood loss and cardiac arrests, and she eventually died.

A study analyzed complications that arose because of Adnexal surgery in the fallopian tubes, ovary or ovarian cysts. In the study, it was noted that robotics-assisted surgery had complications in about 7% of patients.

Most Common Errors in Robotic Surgery

  1. Mechanical failures: This comprises improper arm calibration, where the movements are not accurate or even do not align at all. The other fault of the instruments comprises unexpected grasping or cutting.
  2. Power supply failure: Total shutdown of the system may be due to power supply failure. It may disturb the smooth flow of surgery, thus putting pressure on the surgical team.
  3. Human error: This involves when a doctor fails to use the robot appropriately or fails to maintain it properly.
  4. Lack of haptic sensation: It is simply a touch feeling from the console to the surgeon’s hand. The loss of touch will create technical errors and prolong the operative time.

Who is Responsible for Robotic Surgical Errors?

In cases of robotic surgical errors, liability can fall either on a surgeon or hospital. As the robotic machines are being operated by the doctors team, it is possible that tomorrow, a patient may file a case against the doctor even if it is an internal failure of a machine. The patient will still hold the doctor and his team accountable for the failure.

Therefore, professional indemnity insurance is very crucial for doctors which can protect them against all the medical negligence claims.

Importance of Professional Indemnity Insurance

The litigious nature of the healthcare atmosphere today makes doctors vulnerable to malpractice and negligence, which can eventually result in financial loss as well as a damaged reputation and eventually stress.

Multiple studies suggest that only 15% of the cases of medical negligence are genuine, but the cost of litigation and emotional constraints that doctors have to face during the time can be financially and emotionally impacting.

Professional indemnity insurance acts as a financial protection against claims of medical negligence, legal defense costs, and damages or settlements. The professional indemnity insurance covers the extent of financial losses incurred by the victim arising from the medical negligence.

Where to get the Right Professional Indemnity Insurance?

No insurance plan is better than CoverYou when it comes to Comprehensive Professional Indemnity Insurance. It is India’s leading Insurance Broker, with an exclusive focus on Doctors.

CoverYou is trusted by over 75+ medical associations, with expertise gained from consulting 500,000+ doctors nationwide. Its various insurance plans come with multiple benefits-ranging from reduced price premiums to multi-year policy coverage-besides opening up access to 500+ senior doctors and 10,000-strong medico-legal lawyer network customized for healthcare professionals.

Protect your practice and preserve your peace with the right indemnity insurance from CoverYou.

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Professional Indemnity- Our expertise lies in safeguarding the interest & reputation of our esteemed Medical Fraternity with our revolutionary product- Doctors Professional Indemnity Insurance. Given the complex & high-stakes nature of healthcare operations, doctors are certainly exposed to medical negligence risks at all times. It is very important to protect your high-responsibility profession with a Professional Indemnity Cover that will act as a safety net against any malpractice claim. Our Professional Indemnity is best suited for all your medical practice requirements. CoverYou’s Customised Professional Indemnity Insurance will not only safeguard your finances but also your hard earned reputation. We provide customised benefits exclusively tailored to meet the needs of Doctors & Hospitals. Our Professional Indemnity is guaranteed to provide comprehensive medical negligence coverage with an expert lawyer panel & renowned senior doctors present all across India. We are known to offer handheld support to our customers throughout their journey with us especially during claims!

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