Book contents
- Frontmatter
- Dedication
- Contents
- Contributors
- Foreword
- Acknowledgments
- Table of Cases
- Table of Statutes
- Table of Council of Europe Instruments
- Table of Other Council of Europe Materials
- Table of European Union Instruments
- Table of Other European Union Materials
- Table of Other Materials
- Abbreviations
- Introduction
- Part I Human–Robot Interactions and Substantive Law
- 1 The Challenges of Human–Robot Interaction for Substantive Criminal Law
- 2 Are Programmers in or out of Control?
- 3 Trusting Robots
- 4 Forms of Robot Liability
- Part II Human–Robot Interactions and Procedural Law
- Part III Human–Robot Interactions and Legal Narrative
- Index
3 - Trusting Robots
Limiting Due Diligence Obligations in Robot-Assisted Surgery under Swiss Criminal Law
from Part I - Human–Robot Interactions and Substantive Law
Published online by Cambridge University Press: 03 October 2024
- Frontmatter
- Dedication
- Contents
- Contributors
- Foreword
- Acknowledgments
- Table of Cases
- Table of Statutes
- Table of Council of Europe Instruments
- Table of Other Council of Europe Materials
- Table of European Union Instruments
- Table of Other European Union Materials
- Table of Other Materials
- Abbreviations
- Introduction
- Part I Human–Robot Interactions and Substantive Law
- 1 The Challenges of Human–Robot Interaction for Substantive Criminal Law
- 2 Are Programmers in or out of Control?
- 3 Trusting Robots
- 4 Forms of Robot Liability
- Part II Human–Robot Interactions and Procedural Law
- Part III Human–Robot Interactions and Legal Narrative
- Index
Summary
How is liability apportioned between the surgeon and the robot in robot-assisted surgery? In Switzerland, a surgeon’s criminal responsibility rests on an obligation of due diligence. It is generally assumed that due diligence and responsibility is divisible among team members and that each individual is responsible for their own actions. The principle of trust (“Vertrauensgrundsatz”) also establishes that a member of a team may trust other members to do their job. The issue discussed in this chapter is the degree of due diligence owed by surgeons who cooperate with robots. In Switzerland, the principle of trust is not applied to a robot assistant, if only because robots cannot be criminally liable themselves. Apart from complete robot failures, surgeons therefore bare the risk of patient injury from surgical robots, in order to avoid a responsibility gap in the law. However, given that surgical robots benefit patients and are becoming the expected standard of care in certain areas, the chapter argues that the principle of trust should be applied to limit the due diligence expected from a surgeon interacting with a robot, if the robot has been appropriately certified.
- Type
- Chapter
- Information
- Human–Robot Interaction in Law and Its NarrativesLegal Blame, Procedure, and Criminal Law, pp. 49 - 72Publisher: Cambridge University PressPrint publication year: 2024
- Creative Commons
- This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0 https://creativecommons.org/cclicenses/