ROBOTİK CERRAHİ MÜDAHALELERDEN DOĞAN HUKUKİ SORUMLULUK

• Main Author: Şafak PARLAK BÖRÜ
• Format: Article
• Language: deu
• Published: Inonu University 2019-12-01
• Series: İnönü Üniversitesi Hukuk Fakültesi Dergisi
• Subjects: intuitive surgical; fda maude; robotic surgery; da vinci robot; malpractice; liability of physicians; product liability; liability of hospital
• Online Access: https://dergipark.org.tr/tr/download/article-file/912785
• ISSN: 2146-1082; 2667-5714

Robotic technology has started to gain an important place in medical science. Surgical robots support physicians in many medical interventions. Robotic surgery (da Vinci surgery) is a new medical treatment method; in addition to its many advantages, what ‘potential’ risks it contains is tried to identify. The FDA MAUDE database provides a statistical overview of the damage caused by robotic surgical interventions and provides guidance in terms of identifying the source of the damage and the subjects of liability. However, inadequacies in reporting and recording adverse events are often pointed out. In the robotic surgery, there may be medicolegal problems that vary in scope and complexity. What is important in determining the legal liability for damages arising from robotic surgical interventions is the source of the damage. Depending on the source of the resulting damage physicians, hospitals, producers may appear as legal liability subjects, as well as the liability of these people together. The countries in which robotic surgery is becoming widespread, especially in the US, where the manufacturer of the da Vinci robot is, effort to find solutions to conflicts that are based on malpractice and product liability but are sometimes complicated by the intertwined relationships of liability subjects.