Damage detection in surgery based on the use of intelligent robots with an approach based on jurisprudence

Mousavi, Elham Sadat; Vaseghi, Mohsen; Fallah Kharyeki, Mehdi

doi:10.22034/ejs.2026.527393.2082

Damage detection in surgery based on the use of intelligent robots with an approach based on jurisprudence

Articles in Press

Document Type : research

Authors

Elham Sadat Mousavi ¹

Mohsen Vaseghi ²

Mehdi Fallah Kharyeki ¹

¹ Department of Law, Am.C., Ayatollah Amoli International Center, Islamic Azad University, Amol, Iran.

² Assistant Professor, Department of Law, Payam Noor University, Tehran, Iran.

10.22034/ejs.2026.527393.2082

Abstract

Background and aim: The unique characteristics of artificial intelligence have created new dimensions in the field of civil liability law. This research has examined two important aspects of civil liability law, namely the concept of compensable damage and the attribution of responsibility for its compensation, with an approach to jurisprudence.

Methods: This research is of a theoretical type and has been carried out using a descriptive-analytical method.

Ethical considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.

Results: Two functions can be considered for the smart surgeon robot system. First, it plays an advisory role for the surgeon and the second is to completely replace and perform surgical operations by the robot. Although the latter function is not currently performed, it can be expected to be realized in the future with the advancements in robotics and artificial intelligence.

Conclusion: the role of this technology has created serious changes both in the concept of what is considered claimable damage and in the legal system governing the person responsible for compensation, and the traditional rules in this field do not respond to recent developments.

Keywords

Civil liability

intelligent surgical robot

compensable damage

responsible for compensation

Subjects