Compliance with Safety Assurance in Robotic Surgery: An Analytical Study in the Light of Jordanian Medical and Health Liability Law No. (25) of the Year 2018 (Published)

The utilization of surgical robots by medical professionals may potentially result in patient harm within the field of medicine. Consequently, it has become imperative to adopt an approach that offers adequate safeguards for individuals affected by medical errors. As a result, the realm of jurisprudence and legal practice has sought a remedy to achieve this protection, ultimately identifying it within the framework of adhering to safety assurance. From this perspective, the present study examines the notion of committing to safety assurance and its application in the context of robotic surgery, whether or not a formal agreement exists between the patient and the surgeon. Notably, the Jordanian legislature does not explicitly outline the physician’s responsibility to ensure patient safety within the Medical and Health Liability Law No. (25) of ) 2018 (The commitment to ensuring safety is not directly associated with the care delivered by the physician during the patient’s treatment, as responsibilities are confined to what is feasible within the scope of medical practice. Patient safety encompasses aspects that could be influenced by medical tools and equipment, like surgical robots, which are distinct from medical expertise. These aspects include issues such as sterilization failures or inadequate training for operation and usage. In this context, the physician’s duty is to achieve a specific outcome.In conclusion, the commitment to ensuring safety encompasses two primary dimensions. Firstly, the obligation for safety assurance requires the party involved to anticipate and predict potential adverse events. Secondly, it entails taking proactive measures to avert or mitigate the impact of such incidents to the greatest extent possible. This commitment involves various strategies, including comprehensive training in robotic surgery and enhancing patient awareness.In light of these findings, the researcher suggests making it obligatory to provide explicit training for surgeons who operate surgical robots. Additionally, it is recommended that the physician’s responsibility to inform the patient be clearly stated within the Medical and Health Liability Law.

Keywords: informed consent commitment, medical and health liability, medical artificial intelligence, robotic surgery, safety assurance commitment, surgical robot