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Robotic surgery has been touted as a game changer for doctors and patients that makes various procedures more effective and easier to perform safely. But while the use of this tech to perform operations previously done by hand is rising, so too are concerns about the risks that come with it.

At Searcy Denney, we help people who have been injured in robotic surgery procedures and as a result of other medical mistakes take action to get the compensation they deserve. Our track record of success speaks for itself: We have dedicated our professional lives to helping people and families in West Palm Beach and across Florida.

Our Florida Injury Lawyers Have Noticed the Rise of Robot Surgery

Robot surgery is a catch-all name for a variety of procedures that are performed using mechanical arms. A surgeon controls those arms using a device inside the operating room. 

That is compared to two other common types of surgery: laparoscopic (using handheld tools) and open (using a large incision).

The U.S. is leading the shift to robot-assisted surgeries with more than 875,000 such procedures performed across the country every year. Robot surgeries now account for at least 15% of all surgeries in the country, according to a study by researchers at the University of Michigan. Both laparoscopic and open procedures are ticking down at the same time. 

Robots are now assisting with a broad range of procedures. Among the most common are gallbladder removal (cholecystectomy), colon removal (colectomy), and hernia repair, the study showed. Robot-assisted techniques have also long been common in urology procedures.

But the Michigan researchers also point out that the benefits of robotic surgery remain “unclear.” The rapid rise of these procedures should be tempered with caution about the risks that can come with them.

Robotic Surgery Risks

The benefits of robotic surgery are often hailed by the companies who make the equipment and the doctors who use it in the operating room. 

They emphasize that the technology can cut down on the time that it takes to perform surgery and reduce the recovery period for patients. They also note that robot assistance allows surgeons to perform certain complicated procedures that otherwise might be considered too risky.

Yet, the data paints a different picture. Studies show that robot assistance often comes with roughly the same results as other procedures and carries about the same risk.

A systematic review of 50 studies on abdominal and pelvic surgeries, for example, showed little difference in the frequency of complications among patients who had robot-assisted procedures compared with laparoscopic or open procedures.

Meanwhile, a separate study out of Johns Hopkins University suggests that complications from robotic surgery have been underreported. The researchers blamed a “haphazard” reporting system in which doctors and hospitals are required to report deaths and other complications to robot manufacturers, who are then required to report to the U.S. Food and Drug Administration

Risks for Cancer Patients

There is a particular reason for concern among cancer patients considering robotic surgery. These procedures may be even riskier than other types of surgery.

The FDA has warned against the use of robotic procedures for many cancer-related surgeries. The agency points out that it has not approved robotic devices for these procedures. It also points to some research showing that robot assistance may even be more harmful than other types of surgery for cancer patients.

“There is limited, preliminary evidence that the use of robotically-assisted surgical devices for treatment or prevention of cancers that primarily (breast) or exclusively (cervical) affect women may be associated with diminished long-term survival,” the FDA said in an August 2021 notice. 

A 2018 study of women with early-stage cervical cancer, for instance, found that patients who opted for robot-assisted hysterectomy procedures had lower rates of disease-free survival than those who underwent open surgery.

The FDA advises cancer patients to do their homework before opting for robot-assisted surgery. They should ask about their surgeons’ particular experience and training using robot assistance and the outcomes of previous procedures, according to the FDA. They should also ask about potential short-term and long-term complications and how often those complications happen.

Injured in a Robot Surgery? Our Florida Injury Lawyers Explain Your Rights

Anyone who has been injured as a result of a robotic surgery gone wrong has the right to seek compensation from those responsible. That may include the surgeon who performed the procedure, his or her employer and the hospital where the surgery occurred, as well as the robot manufacturer.

No amount of money will allow you to go back in time and stop the botched procedure from happening. Compensation can, however, put you back as close as possible to the financial situation that you were in before the injury. The money damages in these cases typically include compensation for related medical bills, as well as missed wages during recuperation and any long-term impact on your earning capacity. Additional compensation may also be available for pain and stress.

Tragically, some surgical errors result in untimely death. In these situations, the family of the person killed can take action to ensure that those responsible are held fully accountable. Certain family members can sue for wrongful death, seeking similar compensation to that which would have been available to their loved one had he or she survived. That includes hospital, medical and burial costs, as well as money for the loss of the deceased person’s financial and emotional support.

It is important to understand that time is of the essence. Florida law generally gives people two years to file a medical malpractice or wrongful death suit. An experienced Florida injury lawyer can help you understand your rights and options.

Our Florida Injury Lawyers Can Help

If you or a loved one has been injured as a result of a robotic surgery procedure gone wrong, the Florida injury lawyers at Searcy Denney can help.

Our offices are conveniently located in West Palm Beach and Tallahassee. Call us at 800-780-8607 or contact us online to schedule a free consultation with an attorney today.

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Patients often worry that medical providers have missed and failed to treat a dangerous medical condition. And they have good cause for fear because medical malpractice of this type is far too common and causes unnecessary suffering and death on a regular basis in Florida.

However, patients also need to be concerned about overdiagnosis. Doctors who overdiagnose medical issues end up providing invasive and potentially harmful treatment that causes unnecessary harm. These instances are underreported, and many victims are not aware that they could be entitled to compensation. Calling attention to this form of medical malpractice can help protect patients and ensure that they receive fair treatment.  

Different Forms of Overdiagnosis

What exactly constitutes overdiagnosis? People sometimes use the term to refer to various topics. By some definitions, an overdiagnosis involves informing a patient that they have a condition that they simply do not have. Other definitions involve exaggerating the state or severity of a condition.

By other definitions, overdiagnosis occurs when a physician treats a medical condition that would not have harmed a patient if the condition had been left alone.

What all these definitions have in common is that they resulted in unnecessary treatment. In some cases, the unnecessary treatment only added expense, lost time, inconvenience, and wasted resources. In other situations, the unnecessary treatment stemming from an overdiagnosis can lead to much more serious consequences, including severe injuries.

Is a Biopsy Always the Right Choice?

The increasing use of imaging technology in recent decades has led to a tremendous increase in diagnoses of conditions such as kidney and thyroid cancer. In addition, medical definitions have been expanded and symptoms that used to be classified as normal are now classified as indicative of cancer. More patients are diagnosed with cancer without showing any symptoms. Doctors often automatically recommend biopsies. This can help them ensure that they avoid liability for failing to treat a dangerous cancer.

But biopsies carry risks of complications and they are not necessary in every situation. In many cases, it is safer to monitor a condition over time rather than to risk the hazards of surgery.

Strategies to Avoid Becoming the Victim of Overdiagnosis

Patients can take steps to protect themselves from the hazards of overdiagnosis.

1. Choose doctors with care. Before selecting a primary care doctor or specialist, it is a good idea to check their background to see if they have a history of ordering unnecessary procedures or any malpractice concerns. Read reviews, ask for recommendations, and interview the doctor if possible.
2. Be sure a test is necessary. Before agreeing to a test or procedure, make sure you understand the reason and the goal. Talk to your doctor about whether you really need the test or procedure. Talk to other providers to get their opinion if you are uncertain.
3. Learn the facts. You need to understand exactly what a test or treatment will involve, including the risks. You should understand the potential side effects and what to watch for. You also need to know what alternatives are available. For instance, is there a less invasive option? Could your condition be monitored for a period instead of treated immediately? It may be more convenient from the doctor’s perspective to take immediate action, but what matters is the best course of action from your perspective, not the doctor’s.
4. Get additional opinions. Before undergoing treatment for a potentially serious condition, seek a second opinion from a specialist or medical provider you trust.

Remember that once a medical action is done, it cannot really be undone. It is far better to take extra time and effort to ensure that a course of treatment is necessary and in your best interests ahead of time than to try to deal with the consequences of an unnecessary procedure afterward.

Problems Caused by Overdiagnosis

At the very least, overdiagnosis leads to unnecessary expense and inconvenience for patients. But the problems often become much worse.

Patients receiving unnecessary tests or treatments because of overdiagnosis are put at risk of side effects that can cause long-term harm. For instance, patients with a tumor that is benign or unlikely to cause harmful effects may be subjected to chemotherapy or radiation treatments that harm healthy tissue and cause problems such as:

• Sores and skin changes
• Gastrointestinal issues
• Bladder and kidney problems
• Hair loss
• Infections
• Loss of memory and concentration

Many cases of overdiagnosis involve unnecessary surgery. Any surgery carries inherent risks, including potential deadly infection or complications from anesthesia. Surgery puts patients at risk of suffering from shock, hemorrhage, deep vein thrombosis, pulmonary embolism, lung problems, urinary retention, and reactions to anesthesia.

An overdiagnosis could lead to the implantation of unsafe medical devices. Doctors might recommend a hip implant or vaginal mesh when these options are not necessary. Or physicians might use a dangerous surgical stapler that leads to severe injuries.

Finally, patients need to be aware that a diagnosis and treatment plan that focuses incorrectly on one condition can delay the diagnosis of a more serious condition. In other words, overdiagnosis of one condition can lead to underdiagnosis of another one.

Talk to an Attorney if You Suffered Harm Due to Overdiagnosis

If you suffered due to medical tests or treatment that was not necessary in your situation, you may be eligible for compensation. No amount of money can restore health or the time you’ve lost, but an attorney can help recover compensation to provide a sense of justice and help meet future needs. Moreover, by taking action, you help call attention to the problems caused by overdiagnosis and treatment.

The dedicated team at Searcy Denney helps patients harmed through medical errors such as misdiagnosis or overdiagnosis. To talk to one of our professionals about options that may be available in your situation, just give us a call or connect online. We have offices to serve you in West Palm Beach, Tallahassee, and Tampa.

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While recovering from any type of car accident can be challenging, there are some particular challenges related to multi-car accidents. Given these challenges, it is especially important to have an experienced lawyer on your side after one of these collisions.  

A multi-car accident is any accident that involves three or more vehicles. Along with cars, these could be work vans, tractor trailers, garbage trucks, pickup trucks and SUVs. After a multi-vehicle collision, the important question is not what types of vehicles were involved, but rather who (or what company) is responsible for the collision.

5 Challenges When Dealing with the Aftermath of a Multi-Car Accident

As lawyers who represent car accident victims in Florida, we regularly help individuals and families seek financial compensation for multi-car accidents. In these cases, some of the challenges we typically need to overcome include:

1. Determining the Chain of Events

When dealing with the aftermath of a multi-car accident, determining the chain of events is extremely important. This is the first step toward determining who is responsible—and who you may need to sue to recover the financial compensation you deserve.

Determining the chain of events starts with conducting an on-scene investigation. Examining the damage to each vehicle, talking to witnesses, reviewing any video footage, and obtaining evidence from other sources will often be critical as well. In many cases, it will be necessary to hire an expert accident reconstructionist who can piece together the series of events involved in the accident.

2. Identifying the Negligent Driver (or Drivers)  

After determining what happened, the next challenge involves identifying who is responsible. In a typical two-car accident, there will be one victim and one negligent driver. But, in a multi-car accident, multiple drivers could be victims, and multiple drivers could be responsible for contributing to the accident.

For example, let’s say a speeding driver rear-ends an SUV. The SUV driver is tailgating you, and hits your car after the initial impact. In this scenario, both the speeder and the tailgater would likely be deemed negligent, and both would be partially responsible for your injuries.

Now, let’s say the SUV driver was not tailgating, but the initial impact was so severe that he or she was still unable to avoid rear-ending you. In this scenario, the speeding driver may be fully liable for both your and the SUV driver’s losses.

3. Identifying Any Other Causal Factors

Along with driver negligence, a variety of other factors can contribute to causing multi-car accidents as well. These include vehicle defects and road hazards, among others. When investigating a multi-car accident, one of the challenges involved is determining whether any of these other causal factors are to blame rather than (or in addition to) driver negligence.

In many cases, these other causal factors will combine with driver negligence to result in multi-vehicle collisions. For example, a speeding driver may hit a pothole, and this may cause the driver to hit multiple other vehicles after losing control. Or a distracted driver’s brakes may fail, and this combination of factors (distracted driving and brake failure) may be to blame for a multi-car collision.

4. Determining Which Company (or Companies) Are Liable

Once our lawyers determine the cause (or causes) of a multi-car accident, the next challenge involves determining which company (or companies) are liable. Depending on the circumstances, there are several possibilities, including:

• Auto insurance companies
• Trucking companies and other employers
• Car and truck manufacturers
• Government authorities and road construction contractors
• Maintenance shops, repair shops and dealerships

The causal factors involved in an accident will determine which companies are responsible, and recovering your losses will involve filing the correct claim (or claims) against the correct company (or companies).

5. Pursuing Multiple Claims (If Necessary)

Oftentimes, victims of multi-car accidents will need to file multiple claims in order to fully recover their accident-related losses. For example, let’s say you were seriously injured in a multi-vehicle pileup, and an investigation reveals that two negligent drivers and an issue with the road combined to trigger the accident. In this scenario, our lawyers may need to file claims with your insurance company, both negligent drivers’ insurance companies, and the government authority that is responsible for the road to secure the full financial compensation you deserve.

Overcoming the Challenges Related to Multi-Car Accidents

While multi-car accidents present unique challenges, these challenges can be overcome. As a result, you should not let the challenges of your situation deter you from speaking with a lawyer. When we represent multi-car accident victims in Florida, some of the steps our lawyers take to overcome the challenges discussed above include:

• Promptly Conducting an On-Scene Investigation – The sooner we can investigate the accident scene, the better. Investigating promptly helps ensure that we are able to gather as much evidence of liability as possible.
• Working with an Accident Reconstructionist (and Other Experts) – Working with an experienced accident reconstructionist allows us to visually demonstrate what happened and who is to blame. Depending on the circumstances, we may work with vehicle inspectors, road engineers and other experts as well.
• Using the Legal Process to Gather Additional Evidence – By using the legal process known as discovery, we can gather additional evidence such as maintenance records, cell phone records, texts and emails to prove each causal factor.
• Conducting Multi-Party Negotiations – If multiple companies share financial responsibility for your accident-related losses, we can conduct multi-party negotiations focused on securing a settlement that serves your long-term needs.
• Going to Court if Necessary – Finally, if necessary, we can take your multi-car case to court. We can present the evidence to a jury, and we can present a compelling case for maximum compensation.

Discuss Your Multi-Car Accident with a Lawyer at Searcy Denney

Were you seriously injured in a multi-car accident in Florida? If so, we want to help you recover the financial compensation you deserve. To speak with a lawyer at Searcy Denney as soon as possible, please call 800-780-8607 or tell us how we can reach you online now.

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Many people seek out the help of healthcare professionals or certified fitness coaches when they need assistance improving their health or addressing medical issues. Individuals giving health or fitness advice should be qualified to do so because Individuals seeking out fitness and health care advice often rely on the advice they receive, trusting it to be accurate. When health care or fitness professionals give medical or health advice that is not accurate, the individuals receiving those instructions can become seriously injured. A case-in-point example is provided below with a former fitness celebrity whose fitness business allegedly caused harm to clients the business served. If you or a loved one were injured from bad health advice, call a Florida injury attorney for a case evaluation. We are here for you. 

In February 2022, the Texas Attorney General filed a lawsuit against Brittany Dawn Davis, a former fitness influencer claiming that her fitness business violated Texas consumer protection laws. The Texas AG’s office sought in its lawsuit between $250,000 and $1 million in penalties and court fees. The allegations against the former influencer also claim that she scammed her clients and even gave bad health advice to some women suffering from eating disorders. Davis’ alleged faulty health advice started to come to light in 2019  after thousands of angry clients joined a Facebook group named “Brittany Dawn Fitness Complaints.”

The Texas fitness influencer created her own company known as Brittany Dawn Fitness, LLC and became popular on social media with hundreds of thousands of followers on Instagram.  She sold various health and wellness packages to customers which yielded thousands of dollars per month in revenue.

Unfortunately, not all of the advice Davis gave her clients was good or even healthy. Davis was contacted by several women suffering from eating disorders who sought out help combating the disease. In response, Davis posted online videos and her own personal fitness and nutrition plans along with online videos sharing her own personal journey with her own eating disorder.  Allegedly, some of Davis’ followers inferred from her videos and the information she posted that she had special expertise and training in the area of eating disorders such that they thought she was qualified to give advice on these issues. Unfortunately, Davis’ recommendations were not appropriate for many women who had unique eating disorders. In fact, some clients explained their experiences in the lawsuit and how following her plans and instructions caused them harm, including almost passing out from inadequate nutrition. Also, many of Davis’ plans were only appropriate for women who needed to lose weight, not gain weight. Unfortunately, fitness plans are not one size fits all especially when a client has a unique eating disorder.

Davis also promised to provide individualized fitness plans to some customers who would in exchange pay her hundreds of dollars a month for her suggestions. However, the lawsuit alleges that some of her plans were actually not individualized and failed to provide appropriate coaching and check-ins. Unfortunately, as a result, her clients suffered.

Professional Duty of Care

Individuals working in certain professions have a duty of care to their customers or clients.  For example, doctors have a duty of care to their patients to provide quality medical care for their patients in line with the applicable medical standard of care. They also have a responsibility to give medical advice within their medical practice area and stay within the bounds of their own medical practice area and skillset. Where a doctor provides medical advice outside of his or her medical practice area and where the doctor’s service is not in line with the medical standard of care, the doctor may have committed medical negligence or malpractice.  

Likewise, in the case of Davis, fitness and health coaches also must be careful to only provide health and fitness coaching that is in line with their training and expertise. Failure to do so may cause harm to clients and in some situations serious health issues. If you worked with a fitness or health coach and suffered injuries from receiving bad health advice, you may want to seek counsel from an experienced personal injury lawyer.

Do I Need to Hire a Florida Injury Attorney to Help Me with my Injury Case?

Litigating and being successful in a negligence or malpractice case can involve complex legal issues and courtroom procedures. Accordingly, seeking counsel from an experienced Florida injury attorney is essential. At Searcy Denney, our firm has extensive experience in personal injury law. We can represent you every step of the way in your case from preparing your case for a lawsuit, filing the lawsuit, working through the lawsuit including through settlement or trial, and in some cases filing an appeal on your behalf. An experienced Florida personal injury lawyer at our firm will assist you through the discovery process to help you collect the evidence you need to prove your case. We will attend court hearings on your behalf, file various motions with the court, and advocate for you in court. Contact us today for a free case evaluation.

Our Florida Injury Attorney Explains Compensation Available in Personal Injury Cases

If you were injured after receiving bad health advice from a professional health coach, a Florida injury attorney at Searcy Denney may be able to help you receive damages.  Some damages that you may pursue from a negligence or malpractice case may include, but are not limited to:

• Outstanding and future medical bills
• Past and future lost wages
• Emotional distress
• Pain and suffering

If you have questions about damages in your case, our attorneys are available to discuss the compensation you may be entitled to. 

Injured From Bad Health Advice? Contact a Florida Injury Attorney at Searcy Denney Today for Assistance  

If you have questions about whether you may receive compensation for the injuries you sustained after receiving bad health advice, contact a Florida injury attorney at Searcy Denney today for a case evaluation. Our lawyers have extensive experience with personal injury cases. Contact us today to schedule your free case evaluation. We have offices conveniently located in Tampa, West Palm Beach and Tallahassee and work on a contingency fee basis. We are standing by to help you with your personal injury case.

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