Proctor : August 2019
39 PROCTOR | August 2019 Ivy Shi is a New South Wales executive member of The Legal Forecast (TLF). Special thanks to Michael Bidwell and Lauren Michael of TLF for technical advice and editing. TLF (thelegalforecast.com) aims to advance legal practice through technology and innovation. It is a not-for-profit run by early career professionals passionate about disruptive thinking and access to justice. Notes 1 Jay Shah, Arpita Vyas and Dinesh Vyas, ‘The History of Robotics in Surgical Specialties’ (2014) 1(1) American Journal of Robotic Surgery 12, 12-13. 2 Arnold Advincula et al, A Consensus Document on Robotic Surgery (report, November 2007) 3. 3 ‘Orthopaedic surgery is now ROBOTIC!’, St Vincent’s Health Australia (Web page, June 2015) svha.org.au/ newsroom/announcements/orthopaedic-surgery-is-now- robotic. 4 Radiation Oncology, ‘CyberKnife Robotic Radiosurgery System: Patient Information Sheet’, North Metropolitan Health Service 2017, (patient information sheet, May 2018) scgh.health.wa.gov.au/OurServices/ CancerCentre/RadiationOncology/Patient/pdf/ CyberKnifePatientInformationSheet.pdf. 5 Guang-Zhong Yang et al, ‘Medical Robotics – Regulatory, ethical and legal considerations for increasing levels of autonomy’ (2017) 2(4) Science Robotics 1. 6 Roger Smith ‘How Robots and AI are Creating the 21st-Century Surgeon’, Robotic Business Review (Web page, 07 February 2019) roboticsbusinessreview.com/ health-medical/how-robots-and-ai-are-creating-the- 21st-century-surgeon 7 Therapeutic Goods Act 1989 (Cth). 8 Guang-Zhong et al (n5). 9 Trade Practices Act 1974 (Cth) pt VA. 10 Civil Liability Act 2002 (Qld) ch 2. 11 Alessia Ferrarese et al, ‘Malfunctions of robotic system in surgery: role and responsibility of surgeon in legal point of view’ (2016) 11(1) Open Medicine 286, 287. 12 ‘Report of COMEST on robotics ethics’, UNESCO, 10th sess., UN Doc SHS/YES/COMEST-10/17/2 REV (14 September 2017, adopted 14 September 2017) para 228. 13 ‘Changing driving laws to support automated vehicles’, National Transport Commission policy paper, May 2018, 17. 14 ‘Open Letter to the European Commission Artificial Intelligence and Robotics’, Open letter, 5 April 2018, robotics-openletter.eu. Further, the ideology of legal personhood could be explored with robotic surgeons. In situations in which damage liability cannot be proven, a legal status for the electronic, self-learning person could be granted for the courts to determine who is responsible14 and potentially hold the manufacturer vicariously liable. Regardless of how our legislation will develop, one thing is certain. Technology will continue to grow, and the autonomous robotic surgeons we saw in science fiction will become fact. LEGAL TECHNOLOGY Different, better. firstname.lastname@example.org schultzlaw.com.au Sunshine Coast 07 5406 7405 Brisbane 07 3121 3240 Gold Coast 07 5512 6149 Michael Callow Travis Schultz What can your client expect when you refer them to us? As a social justice law firm, we are focused on making a positive difference in people’s lives and want affordable legal services to be accessible to all. We do this by keeping our fees lower than the industry average and charge only on the government set Federal Court Scale. Because we want our clients to always get more, in the exceptional case when a cap on costs is to be applied, we cap our fees at only one third of the settlement, rather than apply the normal 50/50 rule. The best of both worlds – lower fees and experience Lower fees does not mean you have to compromise on expertise. Both Travis Schultz and Michael Callow are accredited specialists, each with over 25 years’ experience and provide a personal service everyone can access. Now that is different, better. • Cutting edge expertise, without the price tag. • Compensation and insurance experts. • No win, no pay. • No uplift fees. • No litigation lending for outlays and no interest charges.