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ISSN: 2161-0711

Review Article Open Access

Telesurgery and Robotic Surgery: Ethical and Legal Aspect

Săceanu SM1*, Angelescu C2, Valeriu S3, Patrașcu A4
1Obstetrics and Gynaecology Clinic, Craiova Emergency County Hospital, Phoenix Medical Centre
2Teaching Assistant, University of Medicine and Pharmacy
3University of Medicine and Pharmacy.
4Associate Professor, Obstetrics and Gynaecology Clinic, Filantropia Clinical Hospital
*Corresponding author: Sidonia Maria Saceanu, Craiova Emergency County Hospital, Craiova, Romania, Tel: 0040745756590; E-mail: [email protected]
Received date: June 07, 2015, Accepted date: June 25, 2015, Published date: June 30, 2015
Copyright: © 2015 Saceanu, et al. This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted
use, distribution, and reproduction in any medium, provided the original author and source are credited.

Abstract

Robotic surgery is a surgical procedure that places a computer or a computer technology between the surgeon
and patient during surgery and involves the total control of the surgeon. Telemedicine, telesurgery and robotic
surgery are new concepts that are very necessary for the medical practice because of the many advantages and
opportunities created. Legal and ethical implications linked to the use of telemedicine, telesurgery and robotic
surgery should be clarified for proper use, and for eliminating uncertainty and skepticism. This paper is a review of
ethical and legal requirements regarding telesurgery and robotic surgery.

Key words: Telementoring is a new experimental way of training medical

professionals in different procedures, with the advantage of world top
Robotic-assisted surgery; Telesurgery, malpractice; Ethical issues; experts sharing their expertise in training doctors from around the
Telementoring world [1].
The element that defines robotic assisted surgery is the distance
Introduction
between the patient and the surgeon, with no real interaction, which
Robotic assisted surgery was first developed by the Department of could generate a degree of skepticism from both sides [2].
NATO, as a need to provide surgical assistance to soldiers, directly on
Traditionally, surgery was performed at a distance measured in
the battlefield [1]. Phil Green was the first to complete, in California, a
centimetres or millimetres from the patient and in most cases involved
system consisting of two cameras and a telerobot, system attached to a
a physical contact between the surgeon and the patient. With the
surgical table situated in the battlefield theatre [2]. The cameras were
development of laparoscopic surgery this distance increased, at the
transmitting images of surgery to a computer situated at a certain
same time leading to better surgical outcomes [1].
distance, from which a surgeon was controlling the surgical telerobot
[1]. Telemedicine and telesurgery have the great advantage of high
quality diagnostic and treatment methods being available for patients
Since they were first used, telesurgery and robotic assisted surgery
in socially or economically disadvantaged territories [for example
have become increasingly used in the medicine; because of the many
because of war or limited specialist access] [5]. On the downside, the
advantages they provide [3].
costs of robotic-assisted surgery and the difficulty of having such
The importance of telemedicine, telesurgery and distance surgery is robots in most of the hospitals in the disadvantaged countries, restrict
not restricted only to the ability of performing medical procedures in the access of most patients to the new technologies [8].
areas where these are not otherwise possible and can be extended to
Use of telesurgery, telementoring and robotic surgery has led to
telementoring, which involves training medical professionals in
globalisation of surgery and allowed for the geographic and political
performing those procedures [4]
barriers and limits to be overcome, but various economical, legal and
Robotic assisted surgery was initially successfully used in urology, ethical issues have emerged [2].
and subsequently in gynaecology, general surgery, and cardio-thoracic
Telemedicine in general, and robotic-assisted surgery in particular
surgery [2]. As robotic surgery has become increasingly present into
are characterised by certain ethical principles and duties, in order for
clinical practice in the last years, clinicians must be familiar with the
doctors from different specialties to offer their expertise in situations
legal and ethical aspects involved [1,5].
when they cannot directly interact with their patients[1].
Telesurgery is defined as any surgical procedure performed by a
Although telemedicine and robotic surgery have certain advantages
surgeon or a surgical team, at any distance from the patient and
allowing the doctors to practice in regions or countries with a deficit of
theatre [6]. This new diagnostic and treatment technique is a branch of
appropriately qualified personnel, they can also accelerate the
telemedicine, which involves utilising medical information in a
emigration of specialists from their own countries to wealthier
different location from that of the patient, via telecommunications and
countries, as they think they would be able to practice in their own
electronic devices, with the aim of delivering highest quality medical
country or any other part of the world without physically being in that
care [5,7].
country [3,4].

J Community Med Health Educ Volume 5 • Issue 3 • 1000355

ISSN:2161-0711 JCMHE, an Open Access
Citation: Saceanu SM, Angelescu C, Valeriu S, Patra?cu A (2015) Telesurgery and Robotic Surgery: Ethical and Legal Aspect. J Community
Med Health Educ 5: 355. doi:10.4172/2161-0711.1000355

Page 2 of 2

With telemedicine or robotic-assisted surgery the ethical principles medical services, valid consent and providing all the information the
of medical practice remain the same and they include the right to patient wants or needs to make an informed decision, recording and
confidentiality, equipment safety, data collection and storage [1]. storage of data relating to the medical act [4].
The legal issues arise when it becomes necessary to apply the law for In order to ensure better communication and the patient’s trust in
procedures performed in a different country, with a different his doctor, telesurgery should be performed whenever possible after a
jurisdiction; this has implications in the way insurance companies previous relationship has been established between the two parties; it is
cover certain risks or procedures [2,9]. recognised that this may not be always possible [2,10].
Regarding insurance companies, this topic remains controversial In medicine in general, and in telemedicine and telesurgery in
given the fact that insurance policies vary from one insurance particular, measures to evaluate the quality of medical services must be
company to another and on the other hand insurance policies only in place, in order to ensure the highest standard diagnostic and
cover certain medical issues. Therefore each medical centre should treatment services are offered to patients [1,2,3].
choose an insurance that they believe is the best for the activity they
With the use of electronic systems confidentiality might be at risk
undertake. It is preferable that each hospital develops with the
and special measures must be taken in order to prevent improper
insurance company an insurance contract specific and personalized
communication of medical data [4]. In situations like transmission of
for its needs.
scan results, especially in cases of ultrasound scans showing the gender
Legal and ethical aspects should corroborate to validate medical of a child, certain malformations or tumours, supplementary measures
qualifications and specialists accreditations and to unify the standards must be taken [4,10]. The doctors providing the medical services from
of practice, with the aim of preventing the limitation of patient’s access the distance must make sure that the patient consented for these
to the services of telemedicine and robotic surgery [4]. information to be transmitted via electronic systems [11,12].
The parties involved in the process of robotic assisted surgery In conclusion, although telesurgery offers certain advantages for
should sign a consent form designed for this type of treatment, and the both patients and doctors and is increasingly being used, practitioners
patient and the doctor should be the only parts that have to decide to should be aware of the legal and ethical aspects. Ideally, a
this therapeutic method and not another. [2,5]. Once the consent has standardisation and regimentation of these aspects should be
been given, legally this represents a convention or contract setting the implemented, so the same considerations are to be taken into account
rights and duties of the parties involved [10]. in all the countries providing or benefiting from telemedicine services.
In case of critical incidents such as intra-operative complication or
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J Community Med Health Educ Volume 5 • Issue 3 • 1000355

ISSN:2161-0711 JCMHE, an Open Access