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14 - Liability Standards for Medical Robotics and AI

The Price of Autonomy

from Part IV - AI and Physical Manifestations

Published online by Cambridge University Press:  28 July 2022

By
Frank Pasquale
Edited by
Larry A. DiMatteo ,
Cristina Poncibò  and
Michel Cannarsa
Larry A. DiMatteo
Affiliation:
University of Florida
Cristina Poncibò
Affiliation:
Università degli Studi di Torino, Italy
Michel Cannarsa
Affiliation:
Catholic University of Lyon, France
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Summary

Allocation of liability for harm caused at least partially by AI or medical robot can be based upon a binary distinction. The binary is the distinction between substitutive and complementary automation. When AI and robotics substitutes for a physician, strict liability is more appropriate than standard negligence doctrine. When the same technology merely assists a professional, a less stringent standard is appropriate. Such standards will help ensure that the deployment of advanced medical technologies is accomplished in a way that complements extant professionals’ skills, while promoting patient safety.

Keywords

medical robotsrobotically assistive surgical devicescomplementary automationsubstitutive automationDa Vinci Surgical RobotSmart Tissue Autonomous Robotcompetent human interventionSEDASYS Systemstrict liability
Type
Chapter
Information
The Cambridge Handbook of Artificial Intelligence
Global Perspectives on Law and Ethics
 , pp. 200 - 212
Publisher: Cambridge University Press
Print publication year: 2022

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