Civil Liability Arising from the Use of Intelligent Robots in the Field of Medical Science

Abstract

Robotics technology is constantly evolving and promises numerous benefits for the future of humanity. All these advancements are defined through interaction with human society. However, this interaction can be a source of both benefit and harm, which underscores the necessity of legal frameworks to regulate the relationships between robots and society. Civil liability is one of the most significant topics in civil law, particularly due to the conflict of individual rights in industrial societies. Robots are capable of interacting with humans across various domains, and such interactions create a context in which harm and benefit may arise. The discussion on civil liability stemming from robotic surgeries in medicine directs us toward a re-evaluation of traditional legal doctrines and invites a detailed analysis of the distinct and specialized elements of robotic and remote surgeries in medical contexts. This paper employs a descriptive-analytical method, and the author seeks to, alongside explaining the theoretical foundations governing the civil liability of surgical teams in robotic surgeries, distinguish between software and hardware malfunctions that disrupt surgical procedures and may result in harm to patients, potentially leading to their death. The paper further aims to delineate differentiated civil liability rules for surgical teams based on the consequences of each type of malfunction. It will be argued that the commission or omission of a harmful act by a robot entails liability, and depending on the case, the human agent shall be held accountable based on the “theory of respect” and obliged to compensate for the damage, as the robot lacks legal or natural personhood and cannot bear liability.