Heki̇m Ve Hastaneni̇n Cerrahi̇ Robot Kullaniminin Hastaya Verdi̇ği̇ Zarardan Sorumluluğu

Abstract

The utilization of surgical robots which are sub-category of medical robots becomes widespread in our country as it is in foreign countries. However, it shall be mentioned that the surgical robots have not reached to a level that can selflearn, decide or conduct the surgery independently in today's practice. As an example, da Vinci surgical robots which are the most common and successful model of surgical robots can perform under the control of physician and operated directly by physician's commands. That being mentioned, there are robots such as RO-BODOC which also cannot self-learn but have a limited independency. With the integration of surgical robots in healthcare, the legal responsibility of the physician and the hospital for the damage caused by robotic surgery to the patient should be discussed. This discussion is shaped depending on the degree of autonomy of the surgical robot. Thus, the legal responsibility of the treating party has been evaluated especially under the provision TCO Art 116 accordingly with the degree of autonomy of the robot.