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Record STMT-WA75D3DSoft law

Emergence of Robot-Assisted Surgery and the Evolving Legal Landscape in India

Report ProfessionalSouthern Asia · INin force

This article examines the emergence of robot-assisted surgery in India and the associated legal, ethical, and public policy challenges. It reviews existing regulatory mechanisms such as the Drugs and Cosmetics Act, 1940 and Medical Device Rules, 2017, while highlighting issues of informed consent, product liability, and device malfunctions. Finally, it looks at international perspectives from the US and EU to recommend comprehensive legal reforms for India's healthcare sector.

Summary and content fields are drawn from the document text and are pending editorial review.

Who issued it

Aligarh Muslim UniversityAcademic · IN
Lead issuer
Legal forceSoft law
Under whose authorityProfessional
Judged fromfull text

Who it governs

National governmentRegulatorsCompaniesResearchers and academics

Researchers, policymakers, and legal professionals looking for an analysis of the legal and ethical landscape of robot-assisted surgery in India.

Sectors
Healthcare · robot-assisted surgeryResearch and science

What the document contains

What's covered

The document addresses the current state of robot-assisted surgery in India, the relevant medical device laws, ethical and legal challenges like liability and informed consent, and recommendations for future legal reforms.

What's missing

It lacks formal binding statutory enactments or administrative enforcement decisions, as it is an academic journal article rather than a direct legislative text.

Key takeaways
  • Robot-assisted surgery is growing in India, but the regulatory framework for medical devices needs updating to address unique technological challenges.
  • Key legal issues include determining liability among surgeons, hospitals, and manufacturers in cases of medical malpractice or device malfunction.
  • Informed consent must be strengthened to ensure patients understand the risks, benefits, and the legitimacy of the instruments used.
  • International best practices from the US FDA and EU Medical Devices Regulation offer valuable insights for risk-based classification and liability rules in India.
Principles it states
Protecting life as a basic right under Article 21 of the Indian ConstitutionBalancing the need to promote medical innovation with the responsibility to protect patient safety and well-being
Outline
· Introduction
· Development and Advancements in Robot-Assisted Surgery
· Legal Framework Governing Medical Devices in India
· Ethical Considerations, Legal Issues and Public Policy Concerns in Robot-Assisted Surgery
· Malfunction of the Robotic Device while Performing a Surgery
· International Perspectives and Best Practices
· Conclusion and Recommendations
Issued2025
Length4,849 words · 15 pages
FormatNot recorded
Scopenational

How it scores

Pending review

Each score is backed by a quote verified against the document text. Editorial review has not yet confirmed them.

Accountability

4/5

Clear responsibility for AI outcomes

In the event of a mishap during a robot-assisted surgical procedure, determining liability can be a complex issue, given the involvement of multiple parties, including the surgeon, the hospital, and the manufacturer of the robotic surgical system.

Section 4(b)

screening score · 2026-10-23

Fairness

2/5

Non-discrimination and equitable treatment

One of the primary concerns surrounding robot-assisted surgery in India is the issue of accessibility and affordability.

Section 4(e)

screening score · 2026-10-23

Human Dignity

1/5

Respect for the inherent worth of persons

According to Article 21 of the Indian Constitution, the Supreme Court of India determined that protecting life is a basic right.

Section 1

screening score · 2026-10-23

Human Oversight

3/5

Humans remain in control of consequential decisions

While artificial intelligence has undoubtedly improved the efficiency and accuracy of diagnosis, it should not be used to replace the surgeon’s discretion when doing surgery.

Section 5

screening score · 2026-10-23

Privacy

3/5

Protection of personal data and private life

Robotic surgical systems often generate and store large amounts of data, including sensitive patient information. Ensuring the privacy and security of this data is crucial to maintaining patient trust and complying with data protection regulations

Section 4(d)

screening score · 2026-10-23

Enforcement

2/5

Consequences and compliance mechanisms with real force

Litigation involving robotic surgery may be difficult to resolve, despite the fact that the legal basis for professional obligation is unchanged.

Section 4

screening score · 2026-10-23

Impact Assessment

3/5

Required assessment of an AI system's risks/impacts before or during use

Before a medical device can be marketed in India, it must undergo clinical trials to establish its safety and efficacy.

Section 3(c)

screening score · 2026-10-23

Topics

robot_assisted_surgery medical_devices legal_liability informed_consent healthcare_regulation