Under-insured, over-insured, but not properly insured: the structural liability-coverage gap in co-located robotic surgery and telesurgery
This review analyzes the structural liability-coverage gap in co-located robotic surgery and telesurgery, arguing that the existing patchwork of separate insurance products leaves the field simultaneously over-insured and under-insured. It highlights unique legal, tort, and cyber-physical exposures arising from distributed actors across a surgical event, such as cross-jurisdictional licensing and connectivity liability. The authors contend that an integrated, single-contract liability insurance product with a single coverage trigger is needed to resolve these inter-insurer disputes and duplication costs.
Summary and content fields are drawn from the document text and are pending editorial review.
Who issued it
Who it governs
Healthcare providers, medical device manufacturers, platform integrators, and insurance professionals should read this to understand and address structural liability gaps in robotic and remote surgery.
What the document contains
The article addresses the mismatch between distributed liability in multi-actor robotic surgery/telesurgery and single-domain insurance coverage architecture, examining tort liability doctrines, inter-insurer apportionment disputes, and emerging regulatory or legal challenges.
It does not provide original empirical datasets, a formal legislative bill text, or specific policy enforcement mechanisms.
- Robotic-assisted and remote surgery distribute a single operative event across multiple independent actors, scattering liability accordingly.
- Existing insurance products are separately underwritten for single-actor domains, creating a patchwork that leaves co-located robotic surgery simultaneously over-insured and under-insured.
- Traditional risk-financing responses like excess layers or captives fail because the gap lies between the coverage towers rather than within any single tower.
- Telesurgery and teleintervention introduce novel legal exposures, including cross-jurisdictional licensing uncertainty, connectivity service-provider liability limitations, and standard-of-care ambiguities.
- The field requires an outward-facing, multi-domain integrated liability insurance product featuring a single coverage trigger and an accountable risk-bearing counterparty.
· Abstract · References · Author information · Ethics declarations · Additional information
How it scores
Each score is backed by a quote verified against the document text. Editorial review has not yet confirmed them.
Accountability
3/5Clear responsibility for AI outcomes
Liability for an adverse outcome is correspondingly distributed among these actors.
Abstract
screening score · 2026-10-24
Fairness
0/5Non-discrimination and equitable treatment
screening score · 2026-10-24
Human Dignity
0/5Respect for the inherent worth of persons
screening score · 2026-10-24
Human Oversight
1/5Humans remain in control of consequential decisions
healthcare professionals’ standard-of-care ambiguity for remote and AI-assisted actions or inactions
Abstract
screening score · 2026-10-24
Privacy
0/5Protection of personal data and private life
screening score · 2026-10-24
Transparency
0/5Openness about how AI systems work and are used
screening score · 2026-10-24
Enforcement
0/5Consequences and compliance mechanisms with real force
screening score · 2026-10-24
Impact Assessment
0/5Required assessment of an AI system's risks/impacts before or during use
screening score · 2026-10-24