| In the era of artificial intelligence,intelligent medical robots will gradually participate in the process of disease prevention,detection,treatment and rehabilitation,becoming an important participant in the whole medical activities.Intelligent medical robots have played a great role in assisting or replacing medical staff in coping with problems such as the shortage of medical resources,uneven distribution and uneven quality of medical practitioners.Meanwhile,intelligent medical robots have also brought obvious economic and social benefits.However,at the same time,the participation of intelligent medical robots in the medical process will also lead to the difficulty in determining the subject of responsibility and fault,which further challenges the tort law.The first part of this paper introduces the problems from the current situation of the development of intelligent medical robot.First,in the case of damage caused by intelligent medical robot,the identification of the responsible subject is in doubt;Second,intelligent medical robot damage makes fault identification complicated;Third,it is difficult to find out the damage caused by intelligent medical robots.The focus of this paper is to discuss how to respond to the tort liability law when the intelligent medical robot causes medical damage to patients,and how to summarize the liability in a way that is not only beneficial to the protection of patients’ rights,but also beneficial to the invention and innovation of new technology.The second part analyzes the causes of the problem.The discussion focuses on the purpose of tort law in the field of intelligent medical robot,the loss of control of intelligent medical robot and the unpredictable risk of damage caused by intelligent medical robot.It is because of these characteristics of intelligent medical robot that the existing legal norms are difficult to regulate the medical accidents caused by intelligent medical robot.The third part of this paper mainly analyzes the situation of product liability attribution in the case of damage caused by intelligent medical robot.Firstly,the product attributes of intelligent medical robot are analyzed in the product responsibility.Secondly,the product defect identification standard is reflected on the existing problems of intelligent medical robot,and the problems brought by intelligent medical robot are further solved through the product defect identification standard of overseas products.The fourth part of this paper mainly analyzes the situation of liability attribution for medical damage caused by intelligent medical robot.In the medical technology damage liability the author emphatically discusses the influence of intelligent medical robot’s participation in medical activities on the application of fault principle,which leads to the failure of imputation.The fifth part of this paper,from the perspective of patient loss compensation,argues that the medical damage liability in the tort liability law and the relevant provisions in the product liability law cannot make a good distribution of liability for medical accidents caused by intelligent medical robots.In view of this situation,the tort liability law itself can only be relied on to solve the common problems faced by the whole society brought by the development of artificial intelligence technology.Therefore,in the current compensation system,in addition to tort compensation,the law can try to establish a no-fault medical compensation system to cover the loss of patients. |
