Dilemmas and Responses to the Application of Product Liability for Surgical Robots
Surgical robot is a new type of medical body integrating multiple disciplines.In the clinical application of da Vinci Surgical Robot and so on,the infringement problem caused by defects has aroused controversy among multiple parties,and has been increasingly concerned by the academic community.Currently,in spite of the name of the robot,but its use is still dependent on the operation of a professional physician,so it should be defined as a legal"thing"with product attributes,and should be treated in accordance with the provisions of the medical product liability.Existing prosecutions cases of human injury caused by robotic-assisted surgery follow a more homogeneous way,with less use of product liability claims.Based on the clarity of the problems such as the difficulties in fixing preliminary evidence,unclear causation relationship,multiple subjects involved in product liability,lack of clarity of existing defect standards,correspondingly,it should set up a preliminary evidence preservation process,provide additional professional expert opinions on surgical robots,expand the scope of the subject of responsibility such as the product designer,and differentiate the adjustment of the defect identification standards.
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