Case type Defective Medical Devices
Surgical Robot Injuries
Injured during robot-assisted surgery? Tell us your story.
CBW Law reviews claims from people injured during robot-assisted surgery when a system or instrument may have failed. Tell Us Your Story. Contacting us does not create an attorney-client relationship.
In robot-assisted surgery, a surgeon controls instruments on mechanical arms from a console. Injuries during these operations can come from the platform, from an instrument such as a stapler or energy tool, from surgical technique or from the patient's condition. Recalls often involve the instruments. A surgical robot lawyer works to find out which one caused the harm.
What robot-assisted surgery is
In robot-assisted surgery, the surgeon sits at a console and uses controls to move instruments attached to mechanical arms, usually through small incisions. The FDA notes the device is not actually a robot because it can't perform surgery without direct human control1. A system usually includes1:
- A console, where the surgeon views a 3-D image and controls the instruments
- One or more bedside carts with arms, a camera and instruments
- A separate cart with supporting equipment, such as an electrosurgical unit that powers cutting and sealing tools
The FDA has cleared these systems for laparoscopic procedures in general, heart, colorectal, gynecologic, head and neck, chest and urologic surgery. Common examples include gallbladder removal, hysterectomy and prostate removal1.
Platform, instruments or technique
An injury during robot-assisted surgery doesn't mean the robot malfunctioned. A review separates several possible sources:
| Source | Examples | Typical evidence |
|---|---|---|
| The platform | System faults, interruptions, camera problems | System event logs and service records |
| Instruments and accessories | Broken instruments, insulation failures in energy tools, stapler problems | Instrument names and lot numbers, operative report |
| Surgical technique | Choices and actions by the surgical team | Operative report, video if recorded |
| The patient's condition | Anatomy, disease and healing | Medical history and imaging |
Claims about the platform or instruments are product claims. Claims about technique or training follow medical malpractice rules. Some cases involve both.
The FDA says robot-assisted surgery is safe and effective for certain procedures when used appropriately and with proper training, and that patients may ask about their surgeon's training and experience with these devices1. It also says no robot-assisted surgical system has been authorized specifically to prevent or treat cancer1.
Instrument problems and recalls
Recalls often involve instruments rather than the main system. In 2026, Intuitive Surgical recalled 8 mm SureForm 30 Gray reloads for its curved-tip stapler. It reported incomplete staple lines on blood vessels even though the da Vinci system showed a completed stapler fire. Incomplete staple lines on a vessel can cause bleeding that may require converting to open surgery. As of Feb. 23, 2026, Intuitive had reported four serious injuries and one death, and it told hospitals to stop using and quarantine the affected reloads2.
Staplers have their own page: surgical stapler and clip injuries.
Robot-assisted surgery at a glance
Injuries that lead to review
- Burns or holes in the bowel, bladder, blood vessels or other organs
- Bleeding that required more surgery or transfusion
- A procedure converted to open surgery because of an equipment problem
- A broken instrument piece left in the body
- Infection, sepsis or a long hospital stay after a device problem
A complication can happen in any surgery, robotic or not. What matters is whether the records point to a device problem, such as a documented alarm, a broken instrument or an instrument from a recalled lot.
Who may have a surgical robot claim
- The operative report notes an equipment malfunction or alarm
- An instrument from a recalled lot was used
- A repair surgery found an injury consistent with an instrument failure
- The team had to stop or convert the procedure because of the equipment
Who may be responsible
An investigation may look at the maker of the system or instrument involved. The hospital and surgical team are reviewed separately under medical malpractice rules, which have their own notice and filing requirements in many states.
Filing deadlines for surgical robot lawsuits
Deadlines depend on your state and on when you learned of the injury and its possible cause. Examples:
- Arizona: generally two years for personal injury and wrongful death3.
- California: two years for injury to or death of a person caused by another's wrongful act or neglect4.
- New York: three years for personal injury5, with a separate rule that runs from discovery for injuries caused by the latent effects of exposure to a substance in the body6.
- Texas: two years for personal injury and wrongful death7, and most product liability claims must be brought within 15 years of the product's sale8.
Claims against hospitals and surgeons often have their own shorter deadlines and notice rules. Ask a surgical robot attorney to check your dates early, because system logs and instruments may not be kept forever.
Records that help a surgical robot review
Records worth gathering
Surgery
- Operative report
- Name of the robotic system
- Instrument list, if available
Problems
- Notes of any alarm, malfunction or conversion
- Post-operative imaging
- Repair surgery reports
Requests
- Ask the hospital in writing to keep any surgical video and device logs
What happens after you contact CBW Law
How a review works
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Tell us what happened
Share what you remember about the surgery, the problem and the treatment that followed. You do not need every record first.
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We identify the device
We work to confirm the maker, model and lot or serial number, and whether any recall or safety notice covers it.
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We gather records
With your permission, we request operative reports, imaging, device data and other records from your providers.
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We explain what we see
We tell you what the records show, what questions remain and what options may be open, including deadlines.
A complication during robot-assisted surgery is not, by itself, proof that the robot or an instrument failed.
Plain English
Medical, Health & Insurance
Terms you may see in a surgical robot case.
Equipment
- Console
- Where the surgeon sits to control the instruments1.
- Electrosurgical unit
- Equipment that powers tools that cut or seal tissue with electric current.
- Reload
- A replaceable cartridge of staples for a surgical stapler.
Injuries
- Thermal injury
- A burn to tissue from an energy instrument.
- Perforation
- A hole in an organ or vessel.
Procedures
- Conversion to open
- Switching from small incisions to a larger open incision during surgery.
Questions
Surgical robot lawsuit questions
Short answers to the questions people ask first.
Does a robot perform the surgery?
No. The FDA says the surgeon controls the device at all times.
Was the robot involved in my injury, or just used during surgery?
That's the key question. A surgical robot lawyer looks for evidence of a device problem in the records.
Which instrument was involved?
The operative report and hospital records may list instruments and lot numbers.
Did the team document a malfunction?
Operative notes often record alarms, faults or a switch to open surgery.
Can I get the surgery video?
Some surgeries are recorded. Ask the hospital in writing to keep any video and logs.
Is a surgical robot claim a malpractice claim?
It can be a product claim, a malpractice claim or both, depending on what caused the injury.
Do I need a surgical robot attorney if I needed repair surgery?
A repair surgery report is important evidence. A surgical robot attorney can review it.
How long do I have to file a surgical robot lawsuit?
It depends on your state and the type of claim. Malpractice claims often have shorter deadlines.
Is robotic surgery approved to treat cancer?
The FDA says no robot-assisted system has been authorized specifically to prevent or treat cancer, though it is used in some cancer operations.
What does it cost to contact CBW Law?
Telling us your story costs nothing, and contacting us does not create an attorney-client relationship.
Tell Us Your Story
If you were injured during robot-assisted surgery, a surgical robot attorney can review what happened.
Tell us what happened. CBW Law will review your information and explain what we see. Submitting information does not establish an attorney-client relationship or guarantee representation.
Tell Us Your Story Call (800) 476-2416
This page is general information about robot-assisted surgery injuries. It is not legal or medical advice and does not create an attorney-client relationship. A complication during robot-assisted surgery does not, by itself, establish that a device malfunctioned or that anyone is legally responsible. Laws and deadlines differ by state, and no outcome can be promised.