Research On Tort Liability Of Intelligent Medical Robots

With the continuous development of artificial intelligence technology,intelligent medical robots based on medical artificial intelligence technology have been widely used in all aspects of the medical field.In this process,it will inevitably lead to many infringement incidents of intelligent medical robots.At present,there are still many problems in the legal level of intelligent medical robots.It is unknown whether intelligent medical robots can have a dominant position while having deep learning and independent decision-making.Whether the current tort liability system can be applied is still inconclusive,and the relief measures after the damage are not clear.At the same time,different judgments in the same case may also occur in specific practical operations.Based on this,this paper will analyze the existing product liability,medical damage liability and high risk liability on the basis of affirming the legal object status of intelligent medical robots,so as to put forward the perfect suggestions for the application of tort liability of intelligent medical robots in China,and help the development of intelligent medical robots in China.In addition to the introduction and conclusion,the text is divided into four parts.The first part is an introduction to intelligent medical robots.When intelligent medical robots with the characteristics of autonomy,human-computer interaction and uncertainty enter medical activities,they have a huge impact on the traditional medical service model dominated by medical staff,and bring great challenges to the application of existing laws.Although there are some difficulties in the identification of fault and causality,it does not affect the legal object status of intelligent medical robots,and its essence is still a special thing.The second part,the current intelligent medical robot tort liability identification and practice mode.On the determination of tort liability of intelligent medical robots in China,the current product liability,medical damage liability and high-risk liability are advocated at the theoretical level.However,in actual infringement cases,it is mainly regulated by medical damage liability,and does not involve product liability and high-risk liability.The third part,the types of infringement and liability dilemma of intelligent medical robots.Intelligent medical robot infringement is mainly divided into three aspects : autonomous infringement,owner or user fault,and infringement caused by autonomous behavior.In terms of the dilemma of liability application,the dilemma of applying product liability is mainly reflected in the identification of liability subject and product defects,the dilemma of applying medical liability is mainly reflected in the identification of fault and causality,and the dilemma of applying high liability is mainly reflected in the identification of liability subject and the determination of liability scope.The fourth part,the perfect suggestion of intelligent medical robot tort liability.First of all,it is necessary to minimize the improvement of current product liability,medical liability and high-risk liability,so as to adapt to the various situations of intelligent medical robot infringement.Secondly,on the basis of clarifying the application of liability,it is also necessary to guarantee it through various supporting systems such as production approval registration system,publicity system,compulsory insurance system,compensation fund system and so on.