The integration of AI technologies in the medical field has revolutionized healthcare, particularly using robots in surgical operations. These advancements offer significant benefits for patients and humanity as a whole. However, deploying medical robots also introduces risks, such as potential harm to patients caused by manufacturing defects, programming errors, operator or surgeon mistakes, or even misuse to commit crimes against patients. These concerns raise critical questions about criminal liability: Are existing public and private criminal provisions adequate to address errors and misconduct involving medical robots? Or is there a need for clear legal frameworks to define the responsibilities of manufacturers, owners, operators, and even the robots themselves? This study examines whether UAE legislation accommodates the application of criminal responsibility to medical robots and explores the need to adapt existing legal provisions to address the unique characteristics of these technologies. The findings reveal that current criminal responsibility frameworks are insufficient to address crimes involving AI technologies in general and medical robots in particular. The study concludes with several recommendations, most notably the recognition of an electronic legal personality for robots, particularly those used in medical operations, and the establishment of regulatory frameworks governing their use. Key proposals include requiring doctors to undergo extensive, hands-on training with medical robots, issuing warranty certificates to address manufacturing defects, defining proportional criminal penalties, acknowledging the criminal nature of robots, and assigning presumed fault to robot operators under specific circumstances. These measures aim to enhance legal and operational accountability while ensuring patient safety.

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Legal Liability and Frameworks for AI-Powered Medical Robots: Addressing Risks and Responsibilities

  • Juma Rashed Almarar,
  • Ibrahim Suleiman Al Qatawneh,
  • Moustafa Elmetwaly Kandeel,
  • Haythem Bany Salameh,
  • Ghaleb Elrefae

摘要

The integration of AI technologies in the medical field has revolutionized healthcare, particularly using robots in surgical operations. These advancements offer significant benefits for patients and humanity as a whole. However, deploying medical robots also introduces risks, such as potential harm to patients caused by manufacturing defects, programming errors, operator or surgeon mistakes, or even misuse to commit crimes against patients. These concerns raise critical questions about criminal liability: Are existing public and private criminal provisions adequate to address errors and misconduct involving medical robots? Or is there a need for clear legal frameworks to define the responsibilities of manufacturers, owners, operators, and even the robots themselves? This study examines whether UAE legislation accommodates the application of criminal responsibility to medical robots and explores the need to adapt existing legal provisions to address the unique characteristics of these technologies. The findings reveal that current criminal responsibility frameworks are insufficient to address crimes involving AI technologies in general and medical robots in particular. The study concludes with several recommendations, most notably the recognition of an electronic legal personality for robots, particularly those used in medical operations, and the establishment of regulatory frameworks governing their use. Key proposals include requiring doctors to undergo extensive, hands-on training with medical robots, issuing warranty certificates to address manufacturing defects, defining proportional criminal penalties, acknowledging the criminal nature of robots, and assigning presumed fault to robot operators under specific circumstances. These measures aim to enhance legal and operational accountability while ensuring patient safety.