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Record STMT-WF2404BAdvisory

Robots in surgery: who should be held criminally responsible

Роботы в хирургии: кто должен нести уголовную ответственность

Report State lawEastern Europe · RUunknown

This academic article examines the criminal law implications and liability questions surrounding patient harm caused by robot surgeons during operations. It analyzes the status of robot surgeons under criminal law, discussing scenarios involving autonomous cyber-physical systems and whether developers, manufacturers, or robots themselves should bear responsibility. The text highlights the legal gaps in holding autonomous medical robots accountable and explores ongoing discussions regarding liability and defense mechanisms.

Summary and content fields are drawn from the document text and are pending editorial review.

Who issued it

Nizhny Novgorod Academy of the Ministry of Internal Affairs of RussiaAcademic · RU
Publisher
Legal forceAdvisory
Under whose authorityState law
Judged fromfull text

Who it governs

Researchers and academicsRegulatorsProfessional group

Legal scholars, researchers, and policymakers should read this to understand the criminal law dilemmas and liability gaps associated with autonomous surgical robots.

Sectors
Healthcare · robot surgeryJustice · criminal liability

What the document contains

What's covered

The article addresses the criminal law challenges of determining liability when surgical robots cause injury or death to patients during operations, analyzing the autonomy of robotic systems, developer fault scenarios, and the legal status of AI in criminal jurisprudence.

What's missing

The text does not provide binding statutory regulations, specific legislative amendments, or formal enforcement mechanisms for medical robotics.

Key takeaways
  • Surgical robots are increasingly integrated into healthcare, raising new legal questions about responsibility for patient harm.
  • Traditional civil liability views on sources of increased danger do not fully resolve criminal responsibility for autonomous medical robots.
  • When a robot acts autonomously, four distinct scenarios involving developer and system behavior dictate potential fault.
  • Granting criminal legal personhood or electronic personality to artificial intelligence remains legally problematic and largely unviable.
  • Clear legal regulations are urgently required to prevent misattribution of criminal liability when robotic surgical errors occur.
Outline
· Introduction to artificial intelligence in healthcare and robotic surgery
· Overview of surgical robots in medical practice and patient attitudes
· Civil versus criminal liability aspects of robotic operations
· Autonomous cyber-physical systems and four potential operational scenarios
· Criminal law status of artificial intelligence and the concept of electronic personhood
· Conclusions on legal risks and liability gaps in medical robotics
Issued10 September 2023
Length2,686 words · 5 pages
FormatNot recorded
Scopenational

How it scores

Pending review

Each score is backed by a quote verified against the document text. Editorial review has not yet confirmed them.

Fairness

0/5

Non-discrimination and equitable treatment

screening score · 2026-10-24

Human Dignity

0/5

Respect for the inherent worth of persons

screening score · 2026-10-24

Privacy

0/5

Protection of personal data and private life

screening score · 2026-10-24

Transparency

0/5

Openness about how AI systems work and are used

screening score · 2026-10-24

Enforcement

0/5

Consequences and compliance mechanisms with real force

screening score · 2026-10-24

Impact Assessment

0/5

Required assessment of an AI system's risks/impacts before or during use

screening score · 2026-10-24

Topics

criminal_liability surgical_robots artificial_intelligence medical_malpractice autonomous_systems