An Analysis Of Criminal Liability Arising From The Use Of Robotics In The Medical Field In India
- IJLLR Journal
- 6 days ago
- 1 min read
Reshav Jain, CHRIST (Deemed To be) University, Delhi NCR
1. ABSTRACT
Although the use of robotics in medicine, especially in autonomous surgery, has revolutionized healthcare delivery, it also makes it more difficult to enforce liability in cases of negligence. However, while the Indian legal system still functions in a vacuum, other jurisdictions around the world have started to create a framework for determining who is responsible for harm caused by robotics systems—developers, operators, or institutions.
The question of whether criminal liability can be imposed in cases involving autonomous medical robots is currently not sufficiently addressed by Indian law. This raises important issues regarding the level of care that the robots must provide during surgery, the potential for establishing mens rea, and the division of responsibility between the human and the robot.
By conducting doctrinal research, analyzing the legal framework's suitability to handle the current situation—which includes cases involving the liability of the robots performing the surgery—and examining comparative legal approaches from other countries' legal frameworks, the researcher aims to close that gap. By doing this, it also hopes to aid in the creation of a logical legal framework that strikes a balance between medical robotics accountability and technological innovation.
Keywords: Medical Field, Health Care, Robotics, Criminal Liability, Negligence, Autonomous Surgery.
