Medical device malfunction - software error

This can apply to any state. Medical technology is increasing everyday and it seems that they are automating more and more things. If a robot in a medical procedure malfunctions, and it is determined that it was a programming error. Who would be held responsible if say a death occured from the error? Could the blame ever reach back to a programmer sitting behind a computer in some company?

All replies welcome.

[I AM ALWAYS LIABLE]

Originally posted by autopharm
This can apply to any state. Medical technology is increasing everyday and it seems that they are automating more and more things. If a robot in a medical procedure malfunctions, and it is determined that it was a programming error. Who would be held responsible if say a death occured from the error? Could the blame ever reach back to a programmer sitting behind a computer in some company?

All replies welcome.

My response:

Absolutely it could "reach back." I would sue everyone involved, not only in the operating arena, but those manufacturers whose equipment was being used, and attributable to the death.

However, in your contract with the Health Care Provider, you would always make sure that they agree to a "hold harmless" and "indemnity" clause. Additionally, it wouldn't hurt for you to maintain your own $100,000,000.00 (One Hundred Million dollar) policy of insurance, perhaps through Lloyds of London.

IAAL

[vrzirn]

This sounds like a novel by Robin Cook.
Lloyd's has a lifetime limit of $5 million for healthcare.

[I AM ALWAYS LIABLE]

Originally posted by vrzirn
This sounds like a novel by Robin Cook.
Lloyd's has a lifetime limit of $5 million for healthcare.

My response:

I'm not talking about "healthcare." It just so happens, however, that the computer program our writer is discussing has to do with health care. But, it could be a computer program for building cars, or boats, or whatever.

However, what I'm talking about is "product liability" insurance.

IAAL

[vrzirn]

In the initial response by IAAL, he infers the poster is a potential patient and indicates who would be sued in the event of a death. In his subsequent reply to me he then assumes the poster is the programmer and suggests product liability.
Counselor, please make up your mind.

[I AM ALWAYS LIABLE]

Originally posted by vrzirn
In the initial response by IAAL, he infers the poster is a potential patient and indicates who would be sued in the event of a death. In his subsequent reply to me he then assumes the poster is the programmer and suggests product liability.
Counselor, please make up your mind.

My response:

My mind was already made up who our writer was in this scenario, Nurse. It hasn't changed. In my intial response, I suggested a hefty insurance policy and a "hold harmless" and "indemnity" clause in any contracts with healthcare providers.

Also, it stands to reason, since the writer said his post wasn't for any particular State, that our writer is, in fact, the programmer. Who else would be concerned whether a malpractice/product liablity case would occur in "any" State? Certainly not a patient; however, a product producer/manufacturer would be concerned about selling products to the various States.

So, my mind is made up, and always was made up in this regard. Our writer is the programmer. Oh, and Lord help him/her if he/she writes the program for Windows.

IAAL

[vrzirn]

My Doctor, the Robot.
Surgeons at the University of Pittsburgh Medical Center are the first to use a robot ( who's been given the moniker Zeus) to assist in beating-heart cardiac bypass surgery. (Zeus previously lent a hand in 32 other bypass surgeries but those operations were all conducted while the heart was stopped.).
How the mechanical marvel works: the surgeon sits at a console and operates controls that resemble surgical instruments. His or her hand movements are then replicated by the robot's arms (all three of them!) at the operation site.
The potential benefits of this mechanized medicine include enhanced dexterity, magnified views, and better ergonomics for surgeons-along with smaller incisions for paitents.