Civil liability for damage caused by a robot when performing a medical procedure

Robots in medicine, unlike industrial automation, can be viewed as an extension or enhancement of human capabilities. The legitimacy of robotics in the health care system stems from the fact that its use increases the efficiency of the treatment process and improves the health of an individual. On t...

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Autores principales:	Pichler Davorin, Tomić Dražen
Formato:	article
Lenguaje:	EN SR
Publicado:	Faculty of Law, Niš 2021
Materias:	robot liability for damage medicine guilt causality Law K
Acceso en línea:	https://doaj.org/article/6c4d6910ad5c4b858a9a107b2ac61a4e
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spelling	oai:doaj.org-article:6c4d6910ad5c4b858a9a107b2ac61a4e2021-12-05T21:40:11ZCivil liability for damage caused by a robot when performing a medical procedure0350-85012560-311610.5937/zrpfn0-33944https://doaj.org/article/6c4d6910ad5c4b858a9a107b2ac61a4e2021-01-01T00:00:00Zhttps://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2021/0350-85012191211P.pdfhttps://doaj.org/toc/0350-8501https://doaj.org/toc/2560-3116Robots in medicine, unlike industrial automation, can be viewed as an extension or enhancement of human capabilities. The legitimacy of robotics in the health care system stems from the fact that its use increases the efficiency of the treatment process and improves the health of an individual. On the other hand, involving robots in the medical procedures brings a high degree of risk and liability for damage. Legal doubts that arising in regard of the use of robots in medicine are related to civil liability for damage caused to the patient during the medical procedure. In that context, it is necessary to determine the model of indemnity liability that applies to damages due to the action of robots in a medical procedure. Which system shall be applied: the system of subjective liability based on fault (guilt), or the system of objective liability without determining the injurer's fault? This issue is gaining in importance given the degree of autonomy of robots in performing medical procedures. The paper will emphasize the need for legislative intervention in the Croatian legal system in order to adapt to the growing use of robots in medicine. The paper will summarize the results of the analysis on these issues and offer possible solutions in court practice and legal dogmatics.Pichler DavorinTomić DraženFaculty of Law, Nišarticlerobotliability for damagemedicineguiltcausalityLawKENSRZbornik Radova Pravnog Fakulteta u Nišu, Vol 60, Iss 91, Pp 211-225 (2021)
institution	DOAJ
collection	DOAJ
language	EN SR
topic	robot liability for damage medicine guilt causality Law K
spellingShingle	robot liability for damage medicine guilt causality Law K Pichler Davorin Tomić Dražen Civil liability for damage caused by a robot when performing a medical procedure
description	Robots in medicine, unlike industrial automation, can be viewed as an extension or enhancement of human capabilities. The legitimacy of robotics in the health care system stems from the fact that its use increases the efficiency of the treatment process and improves the health of an individual. On the other hand, involving robots in the medical procedures brings a high degree of risk and liability for damage. Legal doubts that arising in regard of the use of robots in medicine are related to civil liability for damage caused to the patient during the medical procedure. In that context, it is necessary to determine the model of indemnity liability that applies to damages due to the action of robots in a medical procedure. Which system shall be applied: the system of subjective liability based on fault (guilt), or the system of objective liability without determining the injurer's fault? This issue is gaining in importance given the degree of autonomy of robots in performing medical procedures. The paper will emphasize the need for legislative intervention in the Croatian legal system in order to adapt to the growing use of robots in medicine. The paper will summarize the results of the analysis on these issues and offer possible solutions in court practice and legal dogmatics.
format	article
author	Pichler Davorin Tomić Dražen
author_facet	Pichler Davorin Tomić Dražen
author_sort	Pichler Davorin
title	Civil liability for damage caused by a robot when performing a medical procedure
title_short	Civil liability for damage caused by a robot when performing a medical procedure
title_full	Civil liability for damage caused by a robot when performing a medical procedure
title_fullStr	Civil liability for damage caused by a robot when performing a medical procedure
title_full_unstemmed	Civil liability for damage caused by a robot when performing a medical procedure
title_sort	civil liability for damage caused by a robot when performing a medical procedure
publisher	Faculty of Law, Niš
publishDate	2021
url	https://doaj.org/article/6c4d6910ad5c4b858a9a107b2ac61a4e
work_keys_str_mv	AT pichlerdavorin civilliabilityfordamagecausedbyarobotwhenperformingamedicalprocedure AT tomicdrazen civilliabilityfordamagecausedbyarobotwhenperformingamedicalprocedure
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Civil liability for damage caused by a robot when performing a medical procedure

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