Research On The Tort Liability Of Medical Robot

At present,with the rapid aging of the population and the spread of chronic diseases,the demand for medical and health services continues to grow rapidly.At the same time,problems such as insufficient total amount,uneven distribution and uneven quality of medical resources are increasingly prominent.The contradiction between the demand for high-quality medical care,the insufficient supply of medical resources,and the poor quality reflects the public’s urgent need for reform and innovation in the medical industry.Based on such basic national conditions,intelligent medical care enters people’s lives with the support of national policies.With the tide of intelligence,medical robot entering hospital is the inevitable result of the current trend of medical reform.With the wide application of medical robots,the infringement cases of medical robots are increasing day by day.The medical robot with deep learning and independent decision-making ability may bring subversive changes to the traditional tort subject,subjective fault,causality and liability principle.There are still some disputes about the legal status of medical robots,the constitutive requirements of medical robots’ infringement,and the principle of liability fixation.Those may lead different judgments or unfair cases in practice.The purpose of this paper is to discuss the legal application of the tort liability of medical robots,to put forward the construction of the tort liability system of medical robots in China,and to help the development of artificial intelligence industry and the promotion of intelligent medicine.This paper is divided into five parts,the first part is the category analysis of medical robots,briefly describing the classification and characteristics of medical robots.The second part is the legal status of medical robots and the determination of the subject of tort liability.The third part is the analysis of the liability model of tort liability of medical robots.The fourth part is the exploration of the constituent elements of tort liability of medical robots.The fifth part mainly discusses the ways to improve the relevant system of tort liability of medical robots in China,including the legal system and supporting system.The construction of the tort liability system of medical robots in China needs not only efforts at the legal level,but also cooperation from all walks of life.At the legal level,the legal provisions and practice need to be more in line with each other by formulating the basic law of artificial intelligence,reasonably determining the legal status of medical robots,moderately expanding the subject responsible for the tort liability of medical robots and appropriately adjusting the existing product liability provisions.In the supporting measures,the comprehensive supporting system of medical robot can be established by registering medical robot,strengthening professional technical training of operators and designing special operating room.