Navigating the legal complexities of telesurgery in China: An assessment of tort liability and the path forward.

This article examines the legal challenges of telesurgery in China, focusing on the integration of 5G and Artificial Intelligence (AI) in remote surgical procedures and the complexities this poses for tort liability. It analyzes the application of the "reasonable doctor" standard, issues of causation and negligence, and the evidentiary burdens faced by patients in malpractice claims involving multiple actors such as surgeons, technology developers, and network providers. The study highlights the need for legislative reforms, including the establishment of interdisciplinary appraisal agencies to assess medical-technical incidents, clearer liability distinctions, and enhanced medical product risk management, particularly regarding AI algorithms and 5G networks classified as medical products. It also advocates for shifting the evidentiary burden toward healthcare providers to better protect patients and calls for systemic reforms to address the evolving intersection of healthcare and advanced technology.