المسؤولية المدنية في عصر الطب الرقمي لأخطاء الروبوتات في العمليات الجراحية عن بُعد: تحليل قانوني مقارن في دولتي الإمارات وماليزيا

This study examines civil liability arising from errors committed by advanced robots in remote surgical procedures through a comparative analytical study of Emirati and Malaysian legislation. It aims to analyze and evaluate the current legal framework for civil liability for medical errors caused by surgical robots in both countries, and to conduct a comprehensive comparison to identify the strengths and weaknesses of each legal system. The research problem lies in the difficulty of determining civil liability when a medical error occurs during the use of robots, whether due to a software malfunction or human error. World Health Organization statistics indicate that 7% of medical errors in robotic surgeries are due to technical or software malfunctions. The study's significance lies in presenting a new scientific model that integrates law and medical technology, guiding legislators toward developing legislation capable of protecting patients' rights and ensuring the accountability of various parties (surgeon, hospital, manufacturer). The study employs a comparative analytical approach, utilizing a mixedmethods research strategy that includes descriptive legal analysis, legislative comparison, and critical analysis of legal texts and judicial rulings in both countries. The study is expected to reveal legislative gaps in addressing robotic errors, highlight the differences in legal approaches between the two systems, and identify applicable best practices. Recommendations include developing a specific law on liability for medical technology errors, establishing specialized committees to assess robotic errors, setting clear standards for distributing responsibility among different parties, and fostering international cooperation to develop unified standards governing the use of advanced robots in remote surgical procedures.