by Kanika Kalra
Repository Citation
Kanika Kalra THE FUTURE IS NOW: ROBOTS AS SURGEONS THE ADOPTION OF SURGICAL SAFETY STANDARDS TO ROBOTIC SURGERY SPRING 2022 Int’l J. L. Ethics Tech. 1 (2022).
Available at: https://https://doi.org/10.55574/JYMX7781
Author Information: Kanika Kalra, the Center for Global Health Science and Security at Georgetown University
Abstract: In this era of ever-expanding and an all-pervasive existence of technology, newer
innovations and Artificial Intelligence (AI) are shaking the established global legal systems
from their roots by bringing in novel challenges and complexities. One of the most
controversial questions in this area pertains to accountability and determination of liability –
how can a machine be held responsible/accountable and more importantly, how can a machine
be sanctioned for its actions, especially where machine learning makes it possible for machines
to take decisions itself? Artificial Intelligence has, amongst other fields, also entered the
domain of medicine, where it poses massive legal challenges, especially in the area of surgery.
As much as it aids both patients and doctors, it is difficult to determine liability and
accountability of robots as surgeons, especially in cases where surgery results in fatality or
great physical, emotional and/or psychological harm – should the doctor be responsible or the
manufacturer of the robot or both? If all stakeholders are liable in some or the other manner,
how should the liability be distributed? Such questions get more complicated where machine
learning leads to implementation of erratic decisions by the robot and causes adverse
consequences. This kind of exponential growth in medical technology is not being met by the
legal dynamism which is slowly exacerbating the pacing problem and the gap is gradually
widening. Before human dependence on robotics increases, it is essential for the legal
framework to address such complexities and concerns. In this paper, I aim to address issues of
regulation, accountability and liability that engulf the area of surgery and Artificial Intelligence
along with recommending solutions to the pacing problem i.e. how the same can be resolved
in the area of medicine and surgery.
Keywords: Autonomous Robotic Surgeries, Surgical Safety Standards, Liability and
Accountability, Medical Malpractice, Product/ Device legislation
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Attribution 4.0 International (CC BY 4.0)
Persistent link: https://www.ijlet.org/2022-1-1-16/
DOI: https://doi.org/10.55574/JYMX7781
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