Insurance of Robotic Surgery Risks under the Jordanian Civil Law and the System of the Insurance Fund against Medical and Health Liability Errors

Abstract

This study aims to clarify the nature of robotic surgery and its associated risks, and to analyze the extent to which it can be insured under the mandatory medical insurance regulations in Jordan, as well as the types of risks that civil law permits to be insured against. The study also highlights the justifications for insuring robotic surgery, the challenges it faces, and proposes alternatives for covering damages arising from such procedures.

The study adopts a descriptive-analytical methodology and concludes that the Jordanian legislator has not yet enacted specific provisions regulating robotic surgery, whether in the Medical and Health Liability Law or in the related regulations and instructions, despite the legal and technical complexities involved. Current legal frameworks continue to focus on traditional models of medical practice without accounting for technological advancements.

The study recommends amending the Jordanian Medical and Health Liability Law by incorporating explicit provisions that define robotic surgery, specify the conditions and mechanisms for its application, and reinforce the obligations imposed on both healthcare providers and the institutions delivering such services.