The Legal Personality of the Surgical Robot

Abstract

This research falls within the scope of civil law and examines the issue of the legal personality of surgical robots in light of the rapid advancement of artificial intelligence applications in the medical field. It aims to analyze the legal status of surgical robots as intelligent systems possessing varying degrees of autonomy in performing surgical procedures and to assess the adequacy of traditional legal rules in addressing the legal implications arising from their use. Furthermore, the study explores the possibility of granting surgical robots legal personality, thereby enabling them to acquire rights and assume legal obligations, and examines the impact of such recognition on determining legal liability for damages resulting from their operation. The research also reviews the principal jurisprudential and legislative approaches concerning this issue. It concludes that existing legal systems, including Algerian legislation, do not recognize legal personality for surgical robots, thereby necessitating legislative intervention to establish a comprehensive legal framework capable of regulating the use of surgical robots, allocating legal responsibility, and striking an appropriate balance between promoting medical innovation and ensuring the legal protection of patients.