Common use of Policy Considerations Clause in Contracts

Policy Considerations. The ethical analysis of the da Vinci suggests a number of recommendations for policy makers. Even though da Vinci is already in use, surgical robotics is a new field that we should be open to. Technological progress proceeds at a rapid pace and can often be perceived as threatening. It is, however, the basis for the future welfare of society and should thus be allowed to progress, if this is done responsibly. This said, there are a number of ethical concerns, which need to be addressed.  Firstly, we would like to reemphasize that stakes are high and that it is thus incumbent upon us to learn from past experience. There have been a number of surgical robotic systems (e.g. ROBODOC and CASPAR) that were applied and tested in the past. Some of the tests have come out negative and we should not repeat the mistakes that were made here.  The second point to be made is that overly enthusiastic reactions to da Vinci are not advisable. If the system performs well it should be used – but not, we believe, as a replacement of current surgical practice. Instead, it should be used when appropriate and as an augmentation of the status quo.  Adequate policy making will have to address and factor in various perspectives from various fields (e.g. medical professionals, developers, legal experts, ethicists, patients, etc.). For this reason, it is advisable to establish a standing committee that discusses the ethical, legal and technical issues surrounding da Vinci and to ensure that there will be an adequate platform for debate. It should be stressed, in particular, that a patients’ association will need to partake in this process of discourse at every step of the way.  The possible use of the black box system will have to be investigated further in order to address issues to do with responsibility and safety as well as privacy.  Our investigation furthermore yielded the finding that marketing messages are often to be taken with a pinch of salt. They do not always convey fully accurate information but are naturally biased in favour of developers of innovative surgical systems. Hence, it is advisable to analyse which types of regulation may have to be imposed on marketing, journalism as well as the media as a whole.  The positive impact of da Vinci on the training of young surgical professionals should be stressed once more. It is certainly advisable to trace how the system may be used in medical training in order to harness the whole potential of medical personnel.  Finally, the issue of justice will have to be taken very seriously. As we have explained above, new technologies like da Vinci tend to have exclusionary tendencies – at least when they are first introduced – since developers will seek to maximize their return on investment. However, once a technology becomes the new state of the art, the most influential theories of justice will require some form of fairness in healthcare access. The allocation of da Vinci, too, may have a tendency towards inequality, which must be resisted through adequate social policies. It must be ensured that the human right to the best possible standards of care is granted to all.