THE FUTURE IS NOW: ROBOTS AS SURGEONS THE ADOPTION OF SURGICAL SAFETY STANDARDS TO ROBOTIC SURGERY

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.

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