Robotic surgery and criminal liability

Robots are getting into our lives more and more as technology advances. Today, robotic surgery technology plays an important role in the field of medical science. The primary purpose of using robotic surgery is to increase efficiency and minimize errors. Collaboration between humans and robots has led to advances in surgical procedures. However, the question of how to determine the criminal liability for the damages that may occur during the use of robotic surgery as a medical treatment method has not been clarified. In case of a problem during a medical procedure, it is necessary to discuss the distribution of responsibilities between the robot, the software developer, the manufacturer and the healthcare personnel who may have given the wrong command. In the concept of robotic surgery, it is very important to distinguish between malpractice cases and complications in order to accurately determine responsibility. The aim of this study is to examine the situations that may occur as a result of robotic surgery applications together with their alternatives and to make legal analysis. In the first part of the study, the concepts related to robotic surgery are explained along with their historical development. The concepts explained are related to both law, health and robotics. The purpose of explaining these concepts is to understand the subject more clearly. In the second part of the study, the issue of criminal liability for negative consequences that may arise from robotic surgical intervention was examined. In case of a problem during a medical intervention, it was examined in the light of legislation and penal principles whether the responsibility would belong to the robot, software developer, manufacturer and healthcare personnel who may have given the wrong command. The subject is detailed in the light of intent and negligence, which are the moral elements of the crime, and the punishability of robots and artificial intelligence systems is discussed. In the third section, the positive and negative aspects of robotic surgery are explained and sample disputes regarding criminal liability arising from robotic surgical intervention and suggestions this are examined. Robots are getting into our lives more and more as technology advances. Today, robotic surgery technology plays an important role in the field of medical science. The primary purpose of using robotic surgery is to increase efficiency and minimize errors. Collaboration between humans and robots has led to advances in surgical procedures. However, the question of how to determine the criminal liability for the damages that may occur during the use of robotic surgery as a medical treatment method has not been clarified. In case of a problem during a medical procedure, it is necessary to discuss the distribution of responsibilities between the robot, the software developer, the manufacturer and the healthcare personnel who may have given the wrong command. In the concept of robotic surgery, it is very important to distinguish between malpractice cases and complications in order to accurately determine responsibility. The aim of this study is to examine the situations that may occur as a result of robotic surgery applications together with their alternatives and to make legal analysis. In the first part of the study, the concepts related to robotic surgery are explained along with their historical development. The concepts explained are related to both law, health and robotics. The purpose of explaining these concepts is to understand the subject more clearly. In the second part of the study, the issue of criminal liability for negative consequences that may arise from robotic surgical intervention was examined. In case of a problem during a medical intervention, it was examined in the light of legislation and penal principles whether the responsibility would belong to the robot, software developer, manufacturer and healthcare personnel who may have given the wrong command. The subject is detailed in the light of intent and negligence, which are the moral elements of the crime, and the punishability of robots and artificial intelligence systems is discussed. In the third section, the positive and negative aspects of robotic surgery are explained and sample disputes regarding criminal liability arising from robotic surgical intervention and suggestions this are examined. Keywords: Robotic Surgery, Artifical Intelligence, Negligence, Legality, Criminal Liability