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Malpractice Center

Robotic Surgery Malpractice Lawyers in the United States (2026)

Ask which records you'll need for a possible robotic surgery malpractice claim and where to get help before your state's filing deadline passes.

Sources checked

5 lawyers and firms

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The short answer

Of the 524 firms on our 92 city lists in the United States, Schochor, Staton, Goldberg, and Cardea, P.A. scores highest on malpractice focus, published results, client reviews and experience, followed by Hastings Law Firm and The Law Offices of Dr. Michael M. Wilson MD, JD & Associates. Each firm keeps its best score from the cities it serves; open a city for its full list.

Best Robotic Surgery Malpractice Lawyers in the United States

  1. Feature your firm first on this page

    This spot goes to one firm for a year. It's shown first, above everyone below, and labeled Featured.

    See what's included
  2. Schochor, Staton, Goldberg, and Cardea, P.A. logo1

    Schochor, Staton, Goldberg, and Cardea, P.A.

    4.8181 Google reviewsRated 4.8 out of 5 on Google from 181 reviews

    Best for: Birth injury and hospital negligence

    In its published cases, Schochor, Staton, Goldberg, and Cardea, P.A. describes oxygen deprivation during delivery and Erb’s palsy; it also publishes verdicts involving deaths after hospital care.

    On our lists for Washington and Baltimore.

    How they were picked

    We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made

  3. Hastings Law Firm logo2

    Hastings Law Firm

    4.6102 Google reviewsRated 4.6 out of 5 on Google from 102 reviews

    Best for: Misdiagnosis and surgical injury claims

    Among Hastings Law Firm's published results are a $19,750,000 failure-to-diagnose settlement and a $10,700,000 negligent-prescribing jury verdict. Because it focuses on malpractice and publishes those results, it tops this list.

    On our lists for Houston, Phoenix, Dallas and Austin.

    How they were picked

    We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made

  4. The Law Offices of Dr. Michael M. Wilson MD, JD & Associates logo3

    The Law Offices of Dr. Michael M. Wilson MD, JD & Associates

    5.0216 Google reviewsRated 5.0 out of 5 on Google from 216 reviews

    Best for: Delayed diagnosis and anesthesia injuries

    An alleged delayed diagnosis of HSV encephalitis is behind the $11.65 million result published by The Law Offices of Dr. Michael M. Wilson MD, JD & Associates. For negligent anesthesia care, it reports another result of $8 million.

    On our list for Washington.

    How they were picked

    We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made

  5. The Law Offices of Cardaro & Peek, LLC logo4

    The Law Offices of Cardaro & Peek, LLC

    4.724 Google reviewsRated 4.7 out of 5 on Google from 24 reviews

    Best for: Misdiagnosis and surgical injury claims

    A $12 million misdiagnosis result stands out among the cases published by The Law Offices of Cardaro & Peek, LLC. For negligent surgery, it lists a $7.9 million result; for breast cancer misdiagnosis, it lists $7.1 million.

    On our list for Baltimore.

    How they were picked

    We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made

  6. 5

    Wapner Newman Attorneys At Law

    4.7226 Google reviewsRated 4.7 out of 5 on Google from 226 reviews

    Best for: Birth injury and delayed diagnosis

    Among Wapner Newman Attorneys At Law's listed results are $8.4 million for brain injury after a delayed diagnosis and $7 million for birth trauma causing brain damage.

    On our list for Philadelphia.

    How they were picked

    We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made

Robotic surgery malpractice lawyers by state

The rules change from one state to the next, so the lawyers near you are the ones to call.

About robotic surgery malpractice claims

On this page(8)

A robotic surgery injury may support a malpractice claim if the care you received fell below the required standard and caused harm. A complication isn't enough by itself. A lawyer in your state can review suspected surgeon error or inadequate training and explain the rules that apply to your care, including concerns that a device malfunctioned.

Put your medical needs first. Your records can help you understand the operation and the care that followed. You don't have to decide who was at fault before asking a lawyer to review what happened.

What robotic surgery malpractice means

When a surgeon operates using a robotic system, that's robotic surgery, or robot-assisted surgery. A legal review asks whether something went wrong with the care or equipment and caused your injury. You can't tell who was responsible for a particular decision during the operation from the word “robotic” alone.

A lawyer reviewing your procedure may look at the surgeon's actions or whether the surgeon had enough training. A device malfunction may need review as well. Because these are separate questions, an allegation about the surgeon's care needs to be kept distinct from one about the equipment.

Surgeons and hospitals could face liability along with other medical facilities and manufacturers, according to D'Amico & Pettinicchi's robotic surgery complication page. Not every claim involves all those parties. Ask the lawyer reviewing your case how each proposed defendant is connected to the injury you suffered.

Reported injuries and concerns to raise

Several kinds of injury appear in descriptions from firms handling robotic surgery claims. Those descriptions can give you concerns to investigate, but they don't tell you how likely a particular patient is to suffer those injuries.

Hands hold a pen over a blank notebook beside a folder and reading glasses
Injuries and allegations described by firms handling robotic surgery claims
ConcernWhat the firm's page describesSource
Nerve injuryProcedures near major nerves may result in permanent nerve injuries, with possible chronic pain or weakness.https://www.leventhal-law.com/blog/who-is-liable-when-robotic-surgery-goes-wrong/
Burns, tears and other complicationsThe firm lists burns, tears, internal bleeding, sepsis or infection, and additional or emergency surgery.https://www.gilletteandizzolaw.com/practice-areas/hospital-negligence/da-vinci-robotic-surgery-complications/
Retained device piecesThe firm describes lawsuits alleging that pieces of a da Vinci robot were left inside patients after hysterectomy procedures.https://www.dwklaw.com/blog/potential-risks-of-robotic-surgery/

Having an injury isn't the same as making an allegation. Although DWK Law describes claims involving retained device pieces, that doesn't establish that your injury was caused by a device. Needing another operation doesn't, on its own, mean someone made an error during the operation you had first.

How an injury may happen

To review a claim, someone must connect the suspected problem to the injury. A concern about surgeon error needs a question: which action during the operation is at issue? If training concerns you, ask how it may have affected your care. The reviewer investigating a suspected malfunction needs evidence that points to something going wrong with the equipment, not just a suspicion.

According to Leventhal's discussion of robotic surgery liability, procedures near major nerves may cause permanent nerve injury. The discussion also lists chronic pain and weakness as possible consequences. A reviewer can investigate those specific concerns without starting from a broad assertion that “the robot went wrong” during your operation.

Questions about your own case?

Warning signs and questions after surgery

You can't get a surgical injury diagnosis from a legal page. If you're experiencing weakness or persistent pain, your treating clinician can explain what those symptoms mean for you. Get prompt medical attention for symptoms that worry you after surgery, without waiting for a chance to consult a lawyer.

Ask where a burn or tear appears in your chart if a clinician has identified one. For internal bleeding or infection, ask the same question. Before any proposed additional surgery, ask why you need it and what connection it has to the original operation.

When a complication becomes a malpractice question

You deserve to understand what happened when the outcome is serious. Malpractice isn't established by that outcome alone. Before examining whether a departure caused harm, a reviewer must identify the required standard of care and determine whether your care fell below it.

The standard of care

To determine the standard of care, ask what the circumstances required. Ask the lawyer reviewing your operation how they'd determine whether your care met that standard, including how they'd examine concerns about the surgeon's training. Saying someone didn't have enough training isn't enough to support an allegation without evidence connecting that lack of training to the care you actually received.

Causation and harm

To establish causation, ask whether the alleged error caused your injury. The injury or loss that followed is what counts as harm. Because these questions need separate answers, a suspected device malfunction doesn't explain every later symptom; an injury alone doesn't identify the person or organization that caused it.

When you look at the medical records, ask what they support and what's still uncertain. To understand your state's legal requirements, talk with a lawyer there about whether you need expert review and what evidence would help answer the disputed medical questions.

Who should the review examine?

The surgeon isn't the only person to consider when asking who's responsible. Hospitals and manufacturers may also be involved in potential claims, according to D'Amico & Pettinicchi. Ask at the consultation whose conduct or equipment needs to be examined. Taking part in your care doesn't, by itself, make someone responsible for your injury.

Hands sorting blank medical-record folders beside reading glasses, a pen, and a stethoscope
  • Surgeon: During your operation, which action or decision should the reviewer examine?
  • Hospital or medical facility: If training or the facility's role concerns you, what supports that concern?
  • Manufacturer: If evidence suggests a device malfunction, how would you evaluate the allegation it supports?

The hospital and nursing negligence page may help you decide what to ask about the facility's care if your concerns go beyond the operation itself. You don't need to choose a claim label to tell a lawyer what happened to you.

If what you were told before consenting to surgery raises questions, those matter too. The informed consent page discusses that issue separately. To understand whether the consent discussion matters here, ask a lawyer. Signing a form doesn't necessarily settle your concerns about the surgery you received.

What to do next

Prepare for a robotic surgery case review
  1. Address current medical concerns

    If you have symptoms or a diagnosed complication, talk to your treating clinician and ask why any proposed additional surgery is needed. You can get care now without deciding whether you'll pursue a claim.

  2. Request the surgical records

    To document the suspected injury and its care, request your chart and operative report. Your lawyer can tell you whether to request more records about the procedure or equipment before you ask for them.

  3. Make a dated account

    When recording the operation date, include when you noticed the problem. Include the date someone explained the complication. Rather than guess a date you aren't sure of, mark it as uncertain in your notes.

  4. Describe the effect on you

    As you describe the injury in your own words, keep documents about additional care or expenses. Describe your pain or weakness, if you're experiencing either symptom. Assigning a medical cause isn't something you need to do yourself.

  5. Contact a lawyer in your state

    Find out the filing deadline early. Discuss the suspected error and available records before deciding whether to file a claim, and ask what else the lawyer would need to review.

Start with a brief account. Turning the chart into a legal argument isn't your job. After explaining which operation you had and what went wrong, share what the treating team has told you about what happened.

Deadlines differ by state

Medical malpractice filing deadlines depend on the state you're in. Someone else's filing deadline isn't a reliable guide for your case, and the clock doesn't necessarily wait until you first speak with a lawyer to start running. A lawyer in your state can explain how the statute of limitations applies to the dates and circumstances of your care.

For information about where you received care, you can start with the state pages. The lawyer you consult needs to know the date of your surgery and when you first learned of the suspected injury. If any action is needed immediately, ask the lawyer to tell you directly.

Questions for the first consultation

If something is still uncertain, ask how the lawyer would investigate it. You need the lawyer to explain what they still have to investigate, not give you a confident prediction about how your claim will turn out.

  • To assess whether my care fell below the required standard, which records do you need?
  • How would you tell a possible equipment problem apart from an error by the surgeon?
  • To connect the suspected error to my injury, what evidence would you need?
  • Can you show me relevant published results from robotic surgery claims that your firm has handled?
  • Which filing deadline applies, and what would you charge in fees and costs?
How a malpractice claim usually moves
  1. 1.Something went wrong

    Write down dates and names while they're fresh.

  2. 2.Get your records

    Ask for your full chart and test results.

  3. 3.Free case review

    A lawyer looks at what happened, free.

  4. 4.Medical opinion

    A doctor checks whether the care fell short.

  5. 5.File before the deadline

    Your lawyer starts the claim before the deadline.

  6. 6.Settlement or trial

    Many claims settle. Some go to a judge or jury.

Questions about your own case?

Common questions

Does insurance pay for robotic surgery?
You can't determine insurance coverage just from what the procedure is called. Get written confirmation from your insurer about coverage before you have the proposed operation. Request an explanation if you've already had surgery and dispute a bill. Your insurer's coverage of the procedure doesn't answer whether you have a malpractice claim for your injury; a lawyer can review that under your state's rules.
Can you sue a surgeon for making a mistake during robotic surgery?
If a mistake occurred, it may warrant a legal review. Malpractice isn't established just because there's an injury or complication. Before examining whether a departure caused harm, the reviewer must identify the required standard of care and determine whether the surgeon departed from it. A lawyer in your state can help assess those questions. Depending on what happened, the hospital's role or a suspected device malfunction may need review as well.
What are examples of possible negligence in robotic surgery?
A review of your care can look at the surgeon's actions or whether their training was adequate. A malfunctioning device may require a separate look at who was responsible for it. According to Gillette & Izzo, robotic surgery complications include burns and tears, as well as internal bleeding. Lawsuits alleging retained device pieces are described by DWK Law. Before any of these can establish negligence, a lawyer needs to connect a supported allegation to the patient's injury.
Will robots take over surgeons?
The surgeon doesn't lose responsibility for an operation simply because a robotic system helps them perform it. To review an injury, someone needs to examine the actual operation and the decision or action being questioned. Concerns about training need review too, as does any evidence that the device malfunctioned during your care. You can't determine who may be responsible for your care from predictions about future technology.
Do surgeons prefer robotic surgery?
Your surgeon can explain why they recommend robot-assisted surgery for your procedure; don't take that recommendation to mean surgeons generally prefer it. When you discuss the risks they want you to understand, ask about their training too. That preference doesn't establish fault by itself if you're reviewing an injury after surgery. Before connecting a departure to your injury, the legal reviewer must examine the care you received and determine whether it departed from the required standard.

Sources

  1. Injured During Robotic Surgery in Denver?, Leventhal
  2. Connecticut Robotic Surgery Complication Lawyer, D'Amico & Pettinicchi
  3. Syracuse da Vinci Robotic Surgery Complications Lawyer, Gillette & Izzo
  4. Potential Risks Of Robotic Surgery, DWK Law

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