Surgical errors by machines raise ethical questions, says SC judge

KOLKATA: How do we address liability when a surgical error is made by a machine, not a human?" SC judge B R Gavai asked, emphasising that as technology becomes increasingly integrated into surgical decision-making, ethical considerations take on critical importance.

"Technology is like fire; you can use it to cook, but it can also burn your house down. Our approach to integrating these technologies should be balanced," Justice Gavai said at a medical conference in Kolkata on Saturday. He spoke on the need to establish new frameworks to govern healthcare access, patient rights, data privacy, and informed consent in an era where technology might guide surgeries rather than human judgment alone.

"Should there be limits on surgical interventions involving human DNA editing? Such questions require reflection not only by medical professionals but also by the legal community," he said. Justice Gavai referenced 'The Second Machine Age', a book by Andrew McAfee and Erik Brynjolfsson, which explores the ethical challenges posed by automation of traditional human skills.

He highlighted that a significant challenge for the future of surgery will be ensuring equitable access to these technologies. While robotic surgeries and AI-guided procedures hold immense promise, he noted that costs remain a substantial barrier. "We have a duty to uphold principles of fairness and equality, ensuring that progress doesn't leave behind the vulnerable and marginalised," he said.