Artificial intelligence in health law and robotic surgery

Robotic surgery, as a groundbreaking field in medicine, began to develop nearly four decades ago and has revolutionized surgical applications in various specialties. During this time, great advances have been made in the technology and application of robotic surgical systems, with robotic surgery offering several promising advantages over traditional surgery. With the application of telesurgery, surgeons are now able to overcome geographical limitations and specialized healthcare can be provided remotely. Despite all these advances, robotic malfunctions can occur during robotic surgical interventions, albeit rarely, and may require changes to the planned surgical procedure. Sometimes these malfunctions can cause injury or even death of the patient. In the first part of the thesis, the concepts related to the subject are explained and various elements are mentioned. These concepts are related to medicine, health law and robotics. By mentioning these concepts and elements, it is aimed to better understand the subject. The elements of the robotic surgical system and the positive and negative aspects of the applications are mentioned. In the second part; the thesis examines the legal and criminal liability that may arise from robotic surgical intervention. The types of liability that may be imposed on whom and under which conditions are analyzed. In terms of the elements and conditions of concepts such as contractual liability and extra-contractual liability (tort liability, liability arising from work without a power of attorney), the legal liability of who or whom may arise from robotic surgical liability against a possible dispute is examined. In terms of criminal liability, it has been investigated whether the classical theories of crime and punishment will be sufficient to clarify the issue. In the third part, robotic surgery in Turkish Law, robotic surgery in Comparative Law and Precedent Judicial Decisions are analyzed.