Legal Review of Robotic Surgery

Authors

1 Assistant Professor, Department of Law, Shiraz Branch, Islamic Azad University, Shiraz, Iran

2 Faculty member and instructor, Computer Department, Darab Branch, Islamic Azad University, Darab, Iran

3 PhD student in Theology, Jurisprudence and Fundamentals of Islamic Law, Khomein Branch, Islamic Azad University, Khomein, Iran

Abstract
Robotic surgery is an advanced technology in the field of medicine that performs surgeries using medical robots. This technology is highly regarded due to its high accuracy, reduction of pain and recovery time of patients. In the legal aspects of robotic surgery, legal issues such as medical responsibility, patient rights, intellectual property rights and practical rights related to the use of this technology in surgeries are examined. Therefore, to perform robotic surgery, the doctor must have the necessary licenses from the relevant organizations and the patient must be familiar with all the details and risks related to the surgery. Also, if any problem occurs during the surgery, the doctor is responsible for it. In terms of intellectual property rights, companies producing medical robots must protect their intellectual property rights against others, and on the other hand, doctors must use these robots as a tool to perform surgery. Overall, the legal aspects of robotic surgery include many issues that must be considered to ensure patient recovery and optimal use of this technology.

Keywords


1. Ghobrai M. Procedures in the operation and recovery room, Tehran, setodeh publisher. 1999.
2. Shafti M. A report of the 15th Congress of the Swiss Endoscopic Society with a focus on minimally invasive surgery, Intern, 2005; 25: 27-26.
3. Internet source, on April 1402 at https://www.isna.ir/news.
4. Marchal F, Rauch R, Vandromme J, Laurent I. Telerobotic assisted laparasc opich ysterectomy for benign and oncologic at hologies, Surg Endosco. 2005; 19: 826-831.
5. Jaspers J. Simple Tools for Surgens. PHD thesis at Delfi University Technology, 2006.
6. Jarhizadeh  Z. Design and construction of a 5 degrees of freedom console simulating laparoscopic robotic surgery, Master's thesis, Shahid Chamran University of Ahvaz, Faculty of Engineering, Mechatronics major, 2018.
7. Khokhsarai M, Rabiei M, Roshni F, Mohammad Bagheri, A. The application of remote surgery (robotics), the first telemedicine
conference - Amirkabir University of Technology, 2013.
8. Khodadadi M, Hashemi F. Legal review of telemedicine in Iran, Biquarterly International Journal of Judicial Law Research, 2020; 2(3): 311-334.
9. Samavati P, Sharifi Iskandar A. A new approach to the criminal responsibility of the medical team in robotic surgery in the light of the Islamic Penal Code 92, Regional Conference on the Pathology of the Penal Code approved in 2013, Islamic Azad University, Maragheh Branch. 2013.
10.    RostamiKafaki M K, Yaquti I, Nikomanesh A. The elements of the criminal responsibility of the doctor in remote and robotic surgery technology, Comparative Criminal Jurisprudence, 2021; 1(2): 102-92.
11.    Ceyhan A. A review of surgery robatic. Ferdowsi University of Mashhad, master's thesis. 2021.
12.    Malbobi M. An introduction to mobile robotics (principles and applications), second edition, first volume, Tehran, Arkan Danesh publications. 2013.
13.    Najafi F. Navigation, a collection of articles presented in the first international conference on electronic health in Tehran. 2012.
14.    Mirbagheri A. Robot assistant surgeon. A collection of articles presented in the first international conference on electronic health in Tehran. 2011.
15.    Internet source, on 05/09/1402: https://www.verywellhealth.com/robotic-surgery-4843262.
16.    Wikipedia source, Robotic surgery, retrieved on 01/11/2020, (in English) Benefits of Robotic
Surgery | UC Health.
17.    Omidi F. Robotic surgery. Specialized monthly magazine of medical engineering, 2009; 1: 15-19.
18.    Bove P, Stoianovici D, Micali S, Patriciu A. Is telesurgery a new reality? Our experience with laparoscopic and percutaneous procedures. Journal of Endourology, 2003; 17(3): 137-142.
19.    Kypson AP. Chtwood WR. Robotic applications in cardiac surgery, International Journal of Advanced Robotic Systems, 2004; 1(2): 87-92.
20.    Hallevy G. I, Robot – I, Criminal ' when science Fiction Becoms Reality: Legal Liability of AI Robots committing criminal offenses, 2010; 22: 35-43.
21.    Hubbard  F. Regulation os and liability for risks of physical Injury from " sophIcated Robots", from http://robots.law.miami.edu/ wp-content/up, 2012.
22.    Ismaeil Abadi A. The responsibility or
non-responsibility of the physician, Journal of Islamic Studies, 2013; 64: 76-54.
23.    Article 533 of the Islamic Penal Code approved in 2012.
24.    Article 526 of the Islamic Penal Code approved in 2012.
25.    HajiDehabadi M, Behzadinia F, Ismaeili S. An introduction to the criminal liability of robotics
from the perspective of technological rules and Islamic law, a quarterly journal of comparative research on Islamic and Western law, 2014; 1(2):
143-158.
26.    Article 290 of the Islamic Penal Code.