LEGAL AND ETHICAL CONSIDERATION OF ROBOTICS IN SURGERY

AUTHOR – MEKALA GOPIKA SRI HARSHITA, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – MEKALA GOPIKA SRI HARSHITA, LEGAL AND ETHICAL CONSIDERATION OF ROBOTICS IN SURGERY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 06-17, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of Amity Law School, Amity University, Mumbai and the Institute of Legal Education (ILE), titled “Emerging Trends in Law: Exploring Recent Developments and Reforms” (ISBN: 978-81-986345-1-1).

Abstract

Robotic surgery has transformed the medical landscape, enhancing precision, minimizing invasiveness, and improving patient outcomes. However, its integration brings about significant legal and ethical challenges that require thorough consideration. Legally, a major concern is around accountability, particularly since multiple parties—surgeons, hospitals, and manufacturers—are involved. The lack of standardized training, credentials, and clear guidelines muddles the issue of liability, leaving all parties exposed to potential legal consequences. Informed consent also takes on a new layer of complexity, as patients need to be well-informed about risks tied to robotic malfunctions, the surgeon’s experience, and available alternatives to ensure they maintain their autonomy.

On the ethical side, critical issues include patient safety, privacy, equal access to care, and professional responsibility. The introduction of robotic systems brings new risks, like technical failures and software glitches, which demand strict safety protocols and continuous training for surgeons to maintain their skills. Moreover, the high costs of these robotic systems raise ethical questions about equitable access, potentially increasing disparities in healthcare. It’s crucial that transparency is prioritized in the informed consent process, allowing patients to fully grasp the benefits, risks, and the surgeon’s level of expertise with the technology.

Additionally, the interaction between humans and machines sparks ethical discussions about accountability and the moral obligations of both surgeons and manufacturers. Key ethical principles—beneficence, non-maleficence, autonomy, and justice—should guide the careful use of robotic surgery. As technology continues to advance quickly, there’s an urgent need to create clear legal frameworks, standardized training, and ethical guidelines to tackle these emerging issues effectively. Failing to do so could erode public trust and impede the safe and equitable adoption of robotic systems in surgical procedures.

While robotic surgery brings remarkable clinical advantages, it also poses intricate legal and ethical dilemmas that we need to address proactively. Crafting thorough regulations, ensuring surgeon competency, and protecting patient rights are crucial steps to ethically and legally unlock the full potential of robotic surgery. The future of robotic surgery hinges on achieving a balance between technological advancements and responsible ethical and legal oversight to ensure the best possible patient care and maintain public trust.