Establishing Liability in Medical Malpractice Due to Artificial Intelligence and Robotics Based Diagnostic and Therapeutic Interventions

Abstract

Determining liability if a patient suffers an injury due to AI or robotic application use is complex. The study used comparative legal analysis and examined the current legal frameworks and whether applying current principles of medical liability is adequate to determine liability arising from AI and robotics-related medical malpractice. The study identifies the gaps in current legislation and proposes applying new legal doctrines such as vicarious liability, custodian liability, corporate liability, strict liability, and finally, applying the benefit and burden rule. AI and robotics will revolutionize medical care. However, new legislation is necessary to mitigate risk and ensure patient safety.

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