Telesurgery is now a new technology in medical science. This innovation has caused the rights of patients, physician's responsibility and factors affecting surgery in the countries using this technology to undergo changes that traditional laws do not respond to.  This technology is an emerging science in Iran's medical system and legislative system requires a dynamic legal system in this regard. Considering the advancement of science and technology and consequently the lifting of distances between patients and physicians, appropriate mechanisms should be considered to ensure the safety of patients' lives and health, and also the surgeon should not risk the lives of patients with their negligence. On the other hand, society should not be deprived of surgeons' services, as the imposition of responsibility on physicians and accompanying teams removes their order and consequently opts out of providing medical services to patients. Although the results of this study show that in many cases, crimes caused by telesurgical surgery are a new face of old crimes of the same nature, but it seems that there is no other way to protect patients' rights than to enact new laws and regulations in accordance with the nature of these crimes. For the importance of the issue, specific laws should be enacted.