While surgical robotics will have a significant impact on surgical practice, it presents challenges so much in the realm of legal issues of medicine and health care.
Robotic surgery may open new avenues in the near future in surgical practice. However, in robotic surgery, special training and experience along with high quality assessment are required in order to provide normal conscientious care and state-of-the-art treatment. While the legal basis for professional liability remains exactly the same, litigation with the use of robotic surgery may be complex. In case of an undesirable outcome, in addition to physician and hospital, the manufacturer of the robotic system may be sued. In respect to ethical issues in robotic surgery, equipment safety and reliability, provision of adequate information, and maintenance of confidentiality are all of paramount importance. Also, the cost of robotic surgery and the lack of such systems in most of the public hospitals may restrict the majority from the benefits offered by the new technology.

http://www.ncbi.nlm.nih.gov/pubmed/20224537

Litigation after cybersurgery, i.e. remote robotic surgery, will be complex. In addition to being able to sue physicians and hospitals, patients who sustain an adverse outcome after cybersurgery will have the potential to sue the robotic manufacturer and the telecommunications company. Moreover, cybersurgery litigation will involve laws that are generally unfamiliar to healthcare providers. Accordingly, this article examines a lawsuit involving a robotic surgical instrument as a model to suggest where liability traps may arise during the delivery of cybersurgery.
The complexity of litigation associated with robotic surgery and cybersurgery.
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