Legal challenges of robotic surgery

Abstract

As technology develops rapidly and artificial intelligence (AI) becomes intelligent enough, robotics has become a way of the future for healthcare, particularly surgery. Over the years, robotic surgical techniques have developed rapidly, allowing surgeons to execute challenging surgeries more effectively. It may be time to create a new legal framework that permits the regulation of robotics in a way that liberates them in the legal sense. The aim of this study was to explore in depth the possibilities of legal personality of robots in surgery. Presenting the research issue comprehensively and analyzing and discussing it according to the provisions of the Iraqi Civil Code. A research was conducted about the legal problems that are brought up by the adoption of such a system in medical institutions, highlighting those legal liabilities that might be born from robotic surgery in general, and the impact that technology has on existing legal relationships. Inadequacy of General Rules of Liability. General rules of contractual and tort liability are not sufficient to deal with the complex issues arising in robotics. Treating robots as objects and applying the rules of custodian liability can lead to conflicts. Physicians using medical robots should be held to a standard of strict liability rather than a duty of care. This would ensure that patients are adequately compensated for any harm caused by the robot.

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