المسؤولية المدنية لمشغل الروبوت الطبي ((دراسة مقارنة))

Civil Liability of the Medical Robot Operator (A Comparative Study)

Abstract

Medical robots are considered one of the most prominent modern artificial intelligence technologies, as they are used in various medical fields, such as healthcare robots that provide support to the elderly or people with special needs, and surgical robots that are used in surgical operations. However, these robots raise many legal issues, including liability for medical errors that may result from them.
Therefore, this research focuses on the topic of medical robots, the legal framework governing them, in addition to the responsibilities associated with them. The research also reviews the current legal framework for robots and studies the legal nature and legal bases of this liability.
The existence of a medical contract between a doctor and a patient is also considered a constant, as we return to the basis on which the doctor’s obligation in contractual liability is based, which is the obligation to provide care. However, this does not help us determine liability for damages, because the burden of proof falls on the patient, which requires him to provide evidence of the doctor’s error or failure to provide the necessary care.
The researcher concluded that the use of medical robots raises many issues when applied to liability law, especially with regard to the legal bases of this liability and cases of exemption from it. The researcher recommends a number of recommendations related to the liability of medical robots, most notably the need to stipulate that the obligation of the doctor who uses robots with artificial intelligence is an obligation to achieve a result and not to provide care. In addition to studying whether the rules of civil liability are able to address the damages resulting from the actions of this artificial being. This will be done by reviewing the opinions of legal jurisprudence and relevant legal texts, with the aim of reaching results and proposals that support the Iraqi legal system.