Criminal Liability for Technical Connectivity Failure in Robotic Surgery
DOI:
https://doi.org/10.35246/ag0b2g79Keywords:
Robotic Surgery, Criminal Liability, Technical Communication Interruption, Cross-Border Surgery, Digital Healthcare, Medical DeviceAbstract
This research addresses the issue of criminal liability arising from technical communication interruption in cross-border robotic surgery, as one of the modern legal topics associated with the use of digital and robotic systems in the medical field. The increasing reliance on modern communication technologies in performing remote surgical operations has led to the emergence of numerous legal issues related to patient safety and the limits of legal liability of the parties involved in the surgical procedure.
The research focuses on explaining the legal nature of cross-border robotic surgery and the particularity of the technical communication on which it relies, while clarifying the impact of dependence on digital systems in reshaping the traditional concepts of criminal liability in the medical field. It also examines the legal basis governing liability for technical failures or communication interruptions in light of the general rules of Iraqi law and certain international regulations concerning medical devices and digital healthcare.
Furthermore, the research discusses the determination of criminal liability for the parties involved in robotic surgery, whether related to the surgeon, the medical institution, or the technical entities responsible for operating the surgical system or providing communication services, while highlighting the special nature of the technical risks that may accompany this type of surgical procedure.
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1. Arabic References
I. Al-Bushra, M. A. (2024). “Criminal Liability For Artificial Intelligence Errors And Smart Medical Systems.” Journal Of Law And Political Science, Cairo University, 14(2).
II. Al-Hassan, H. M. (2021). “The Extent Of The Court Of Cassation’s Authority In Deciding The Subject Matter Of The Case.” Al-Qada Journal, Iraqi Bar Association, 61(1).
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IV. Ahmed, K. J. (2024). “Criminal And Civil Liability For The Use Of Artificial Intelligence In The Medical Field.” Journal Of Legal And Economic Studies, University Of Menoufia, 10(1).
V. Hassani, M. N. (1989). Explanation Of Criminal Law – General Part. Cairo: Dar Al-Nahda Al-Arabiya.
VI. Mansour, M. H. (2006). Medical Liability. Alexandria.
VII. Iraqi Bar Association. (2021). Al-Qada Journal, First Issue, Sixty-First Year.
2. National Legislation
I. Iraqi Penal Code No. 111 Of 1969 (As Amended).
II. Iraqi Physicians Protection Law No. 26 Of 2013.
3. International Legislation And Regulations
I. Code De La Santé Publique, Article L6316-1, Modified By Law No. 2019-774 Of 24 July 2019.
II. Regulation (EU) 2017/745 Of The European Parliament And Of The Council Of 5 April 2017 On Medical Devices. Official Journal Of The European Union, L117.
4. Foreign References
I. Ashworth, A., & Horder, J. (2019). Principles Of Criminal Law (9th Ed.). Oxford: Oxford University Press.
II. Dickson, B. F. (2019). Telemedicine And E-Health Law. Springer.
III. Jackson, E. (2016). Medical Law: Text, Cases, And Materials (4th Ed.). Oxford: Oxford University Press.
IV. Rossi, E., & Thompson, J. (2025). “The Digital Scalpel: Connectivity As A Prerequisite For The Medical Act In Robotic Telesurgery.” International Journal Of Medical Robotics And Computer Assisted Surgery, 21(3).
V. Sullivan, S. (2024). “Medical Malpractice And The Robot: The Connectivity Conundrum In Telesurgery.” Journal Of Law, Medicine & Ethics, 52(1).
5. International Reports And Guidelines
I. European Commission. (2019). Liability For Artificial Intelligence And Other Emerging Digital Technologies.
II. International Medical Device Regulators Forum (IMDRF). (2020). Principles And Practices For Medical Device Cybersecurity (IMDRF/CYBER WG/N60FINAL:2020).
III. Society Of American Gastrointestinal And Endoscopic Surgeons (SAGES). (2019). Robotic Surgery Manual. Springer.
IV. U.S. Food And Drug Administration (FDA). (2023). Computer-Assisted Surgical Systems: Guidance For Industry And FDA Staff.
V. U.S. Food And Drug Administration (FDA). (2023). Cybersecurity In Medical Devices: Quality System Considerations And Content Of Premarket Submissions.
VI. World Health Organization (WHO). (2021). Global Strategy On Digital Health 2020–2025. Geneva: World Health Organization.
6. Judicial Decisions
I. Gilmore V. Intuitive Surgical, Inc., No. 4:10-Cv-00021 (N.D. Fla. 2010).
II. Taylor V. Intuitive Surgical, Inc., 180 Wn. App. 1046, 326 P.3d 741 (2014).
III. Federal Court Of Cassation (General Assembly), Decision No. 136/General Assembly/2018.
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