Responsabilidade civil em cirurgias robóticas : desafios e perspectivas no contexto brasileiro.

Abstract

Robotic surgery has emerged as a significant technological innovation in contemporary medical practice, promoting advances in precision and minimizing the risks associated with surgical procedures. However, its adoption raises importante questions about responsibility and ethics. This work explores the distribution of responsibilities in robotic surgery, considering the roles of device manufacturers, surgeons and medical institutions. Through a literature review, we investigated the legal and ethical challenges faced by each interested party and the cases of failures and their legal implications. It is concluded that although robotic surgery offers significant benefits, it is essential to establish clear standards of accountability to ensure patient safety and promote trust in the technology. Given the complex interactions between humans and technologies in robotic surgeries, it is essential to consider the determination of civil liability, both for healthcare professionals and the manufacturers of technologies involved, and the preparation of the current legal system to deal with the nuances of these complex situations.