Technology and medicine typically go hand-in-hand, whether we are talking about tools used to diagnose medical conditions or surgical machines doctors use to complete highly intricate operations.
The medical technology available today has improved just about every aspect of medicine, from diagnosis to treatment. That said, there are still situations where technology fails. Under these circumstances, it can be difficult to know who is responsible should the failure cause damages to a patient.
When doctors may be liable
This article describes numerous solutions involving medical technology and possible errors. It notes that currently, technology is a tool for medical professionals. As such, these parties must use it responsibly. They must also use their own judgment to either challenge or confirm any technologically-derived answers.
In cases involving misdiagnosis or a medication error, it could be the fault of the doctor who failed to review the results or provide a standard level of care.
When other parties may be liable
Medical technology is developed by people, and even if the technology may be perfect, humans are not. There can be mistakes in the design or manufacturing of a machine or instrument; algorithms created by someone could be flawed; there may not be accurate descriptions or warnings regarding when doctors should use a product.
In these situations, third parties could be liable for any damages caused by a damaged, defective or dangerous product.
When liability is unclear
The article also notes that there are situations in which liability is still unclear. Technology — especially artificial intelligence — is becoming so advanced that many doctors and hospitals may not understand how a specific tool works. This makes it difficult to determine if a doctor should still be liable if something goes wrong with the technology, or if the maker of the equipment is liable.
Considering how complicated liability is when it comes to medical errors and malpractice, legal guidance can be crucial for anyone affected by such devastating events. Not only can an attorney clarify liability, but he or she can also help victims and their families pursue just compensation for damages.
