From a surgeon's perspective, I can't see this working as a legitimate defense. Is anyone aware of any judgements won against intuitive for mechanical malfunction? They may be out there. I'm not aware of them but would be interested to read the case if so. Open surgery requires the surgeon's own haptic feedback. Robotic surgery is simply an extension of the surgeon's commands. I can't see how a lawsuit could be won blaming poor haptic feedback especially considering millions of surgeries have been successfully completed by a robot with no haptic feedback. Having said that, judgements against companies for outrageous things do occur in this country all the time.
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