Abstract

Objectives: This study aims to clarify the legal nature of the surgeon's liability for breaching the obligation to guarantee safety, as well as to examine the legal basis of the surgeon;s liability for surgical robots in robotic surgical procedures. Methods: The descriptive-analytical method will be adopted. This includes describing, discussing, and analyzing the relevant legislative texts, in addition to examining the trends of Jordanian jurisprudence, thereby enriching the applied aspect of the study and strengthening its findings. Results: The researchers concluded that when a medical contract exists between the surgeon and the patient, the surgeon's contractual liability traditionally involves an obligation of due care. Consequently, if the patient cannot prove their claim, their right to compensation is lost. As a result, Jordanian courts have adopted another approach-holding the surgeon bound by an obligation to guarantee safety, which constitutes an obligation of result rather than an obligation of means. Conclusions: The researchers recommend that the Jordanian legislator explicitly incorporate the obligation to guarantee safety within Article (7) of the Medical and Health Liability Law No. (25) of 2018, considering it an obligation to achieve a specific result rather than merely exercising due care.