Abstract

This article examines the legal framework governing surgical robots in light of the rapid technological and technical developments that have transformed healthcare systems. Surgical robots have emerged as one of the most significant modern technological innovations due to their ability to enhance surgical precision, reduce medical errors, and improve the effectiveness of surgical interventions. However, the increasing use of surgical robots, particularly when integrated with artificial intelligence systems, has raised numerous legal questions concerning their legal nature and the adequacy of traditional legal rules to address the issues arising from their use. The study demonstrates that the legal status of surgical robots remains a subject of debate between those who consider them merely advanced medical devices and those advocating for the establishment of a specific legal framework that takes into account their technical characteristics and growing degree of autonomy. It further highlights that the multiplicity of actors involved in the design, manufacture, programming, and operation of surgical robots complicates the determination of liability for damages resulting from their use, thereby necessitating a reassessment of certain traditional legal concepts. The article also emphasizes that several comparative legal systems have adopted innovative legal mechanisms, particularly with regard to protecting the rights of injured parties and ensuring fair and timely compensation for victims of robotic surgeries. Such mechanisms include strengthening insurance schemes, establishing special compensation funds, and implementing registration and tracking systems for surgical robots, thereby striking a balance between fostering innovation and safeguarding patients’ rights. In this context, the article underscores the importance of establishing a comprehensive legal framework capable of keeping pace with the rapid evolution of surgical robotics and accommodating their technical specificities, while ensuring an equitable allocation of liability and effective compensation for damages, with due regard to the particularities of the Moroccan legal system and relevant international experiences.

Keywords

Surgical Robot, Legal Personality of the Robot, Surgical Robot Operator, Surgical Robot Registration, Mandatory Insurance, Electronic Registry, Compensation Funds, Black Box, Healthcare Facility, Encouraging Innovation.