Civil Liability for Damage Caused by a Robot When Performing a Medical Procedure
CIVIL LIABILITY FOR DAMAGE CAUSED BY A ROBOT WHEN PERFORMING A MEDICAL PROCEDURE
This academic paper examines civil liability issues related to medical robots and artificial intelligence systems performing medical procedures. It analyzes the distinction between subjective fault-based liability and strict liability under Croatian law, noting the challenges of determining causality and distributed liability among manufacturers, programmers, and medical staff. The authors discuss potential legal reforms, including no-fault compensation schemes and mandatory insurance funds, to ensure fair remedies for patients without stifling technological innovation.
Summary and content fields are drawn from the document text and are pending editorial review.
Who issued it
Who it governs
Legal scholars, lawmakers, and medical professionals interested in the tort law implications of autonomous medical robotics.
What the document contains
The paper addresses the legal classification of medical robots, the nature of injurious acts and medical errors, the application of subjective versus strict liability models under Croatian law, and potential legislative reforms for robot-induced damages.
Specific binding statutory text or enacted legislation for medical robotics, as the paper represents an academic analysis and proposal for future legal changes.
- Medical robots range from direct control models to future completely autonomous robotic systems.
- Civil liability can follow either a subjective fault-based system or an objective strict liability model associated with dangerous objects or activities.
- The complexity of artificial intelligence creates distributed liability and explainability challenges that complicate traditional fault determinations.
- Alternative models such as no-fault compensation schemes or compulsory robot insurance funds are proposed to address medical robot damages efficiently.
1. Introduction 2. Development of robotics in medicine 3. Robotic systems - operation, management, capabilities and development 4. Injurious act 5. Damage liability model 6. Special regulation? 7. Conclusion
How it scores
Each score is backed by a quote verified against the document text. Editorial review has not yet confirmed them.
Accountability
4/5Clear responsibility for AI outcomes
In such cases, it may not be possible to find a single culprit (as liability may be shared between the programmer, sensor designer, hospital management).
4. Injurious act
screening score · 2026-10-23
Fairness
0/5Non-discrimination and equitable treatment
screening score · 2026-10-23
Human Dignity
2/5Respect for the inherent worth of persons
The effects of artificial intelligence on personality rights are one of the most important factors that will define the period in which we live
7. Conclusion
screening score · 2026-10-23
Privacy
0/5Protection of personal data and private life
screening score · 2026-10-23
Transparency
2/5Openness about how AI systems work and are used
In the case of artificial intelligence systems, there is also the so-called problem of “inexplicability.” Due to the complexity and the amount of data used by the system, designers of such systems will not be able to know how the system came to a particular solution.
5.1. Liability without fault system
screening score · 2026-10-23
Impact Assessment
0/5Required assessment of an AI system's risks/impacts before or during use
screening score · 2026-10-23