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Record STMT-WF5B021Advisory

Under-insured, over-insured, but not properly insured: the structural liability-coverage gap in co-located robotic surgery and telesurgery

Position paper UnknownGlobalin force

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

Praesidio IP, IncOther
Lead issuer
AdventHealth CelebrationAcademic
Co-issuer
Legal forceAdvisory
Under whose authorityUnknown
Judged fromfull text

Who it governs

CompaniesRegulatorsProfessional groupResearchers and academics

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.

Sectors
Healthcare · robotic surgery and telesurgeryFinance and insurance · liability insurance

What the document contains

What's covered

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.

What's missing

It does not provide original empirical datasets, a formal legislative bill text, or specific policy enforcement mechanisms.

Key takeaways
  • 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.
Outline
· Abstract
· References
· Author information
· Ethics declarations
· Additional information
Issued10 September 2026
Length1,842 words
FormatNot recorded
Scopeglobal

How it scores

Pending review

Each score is backed by a quote verified against the document text. Editorial review has not yet confirmed them.

Accountability

3/5

Clear responsibility for AI outcomes

Liability for an adverse outcome is correspondingly distributed among these actors.

Abstract

screening score · 2026-10-24

Fairness

0/5

Non-discrimination and equitable treatment

screening score · 2026-10-24

Human Dignity

0/5

Respect for the inherent worth of persons

screening score · 2026-10-24

Human Oversight

1/5

Humans 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

0/5

Protection of personal data and private life

screening score · 2026-10-24

Transparency

0/5

Openness about how AI systems work and are used

screening score · 2026-10-24

Enforcement

0/5

Consequences and compliance mechanisms with real force

screening score · 2026-10-24

Impact Assessment

0/5

Required assessment of an AI system's risks/impacts before or during use

screening score · 2026-10-24

Topics

robotic_surgery telesurgery medical_liability insurance_coverage cyber_physical_risk