The use of robots during operations: what about liability?
Technological developments can no longer be ignored in our current society. Over the past few weeks, there have been some news reports about the use of robots during surgeries in several hospitals.
That the entry of these latest developments will also find their way into the medical world will provide a huge advance for patient care. Perhaps in the coming years, more and more robots will be used in various facets of the medical field including during operations to assist or even to determine a diagnosis.
But... Who is liable If something goes wrong in an operation where a robot was used?
Fears that robots will take over the world and perform operations autonomously are contained by Belgian legislation. Indeed, it is explicitly stated that only qualified persons are allowed to provide health care. Obviously, a robot or an AI-controlled system cannot be considered a person.
If a robot is used during surgery, it is still the job of the physician involved to control the decisions or actions the robot makes. The final responsibility remains, in other words, with the doctor.
Under the hypothesis that harm is caused to the patient during an operation involving the use of a robot, -to determine liability- the conduct of the physician involved will pass the test of the generalstandard of care have to endure. For this, comparison must be made with a normal, careful and circumspect doctor placed in the same circumstances. If the treated physician's conduct fails this test, then the standard of care has been violated and the physician can be held liable for the damages caused.
Another important consideration regarding physician liability when using a robot is, of course, the possible liability from the producer. Indeed, the manufacturer may also be liable for damages if they are caused by a defect in its product. When robots are used, it will always be necessary to find out who can be sued for compensation for the damage suffered.
Liability in a medical malpractice case involving the use of a robot is a complex matter. It is therefore important that you, as a health care provider, or as a patient who became involved in such liability cases, be assisted by a specialized attorney.
Do you have any questions after reading this article or are you yourself involved in a medical malpractice case? Contact one of our attorneys specializing in medical law. Your contact will, of course, be handled with discretion.
