EWJ August 62 2025 web - Journal - Page 109
And in London, Harley Street-based Pharmacierge
uses a robot to dispense drugs between floors. Edward
Ungar, Co-founder of Pharmacierge explains:
Surgical robots which are classified as medical devices
are relatively straightforward to regulate, as they are
treated similarly to scalpels or staples. However, regulating humanoid robots with a higher degree of interaction with patients, such as Pepper or Nurse Bear, is
more complex. Their roles involve processing personal health data and prompting emotional responses
from humans. The first consideration should be
around the use and protection of data received by the
robot to ensure compliance with data protection, especially given the sensitive nature of health data.
At Pharmacierge, managing 6,000–7,000
medication SKUs [stock keeping units] manually
would have made further scaling impossible.
Our 30-foot multi-arm robot wasn’t introduced
to replace people — it was a response to the limits
of human cognition in tracking, scanning and
optimising such complexity. Its machine learning
capabilities assess every variable of each drug
in real time, from expiry to pack dimensions, and
determine its optimal location within 2,000ft of
shelving. Robotics hasn't displaced our employees;
it's freed them up to do more technically
demanding and satisfying work, which in
turn reduces risk."
Technology robot
Patient autonomy must also be protected to ensure
there is no undue influence from the robot. How does
a robot that prompts medication intake or certain actions ensure that the patient can ultimately make their
own choice? Article 22 of the UK GDPR gives data
subjects the right not to be subjected to decisions based
solely on automated processing where the decision
produces legal effects or similarly affects them.
In a different use, US companies like Xenex provide
robots that sterilize clinical environments to a much
higher standard than traditional manual disinfection.
Other companies, such as Aethon, produce robots that
perform low-skilled tasks like transporting laboratory
samples, linens, and waste around the hospital, allowing staff to redirect their time to patient care.
A care robot that prompts an elderly patient to take
medication could circumvent Article 22 by requiring
consent from the patient and recording the patient’s
decision, which can be written into the robot’s architecture. Similarly, issues around data retention can be
addressed by ensuring the robot’s programme deletes
data after analysis or actions are completed.
Integrating humanoid robots in healthcare
In some healthcare settings, humanoid robots are
used to care directly for patients. Japan faces a shortage of care staff to look after its aging population. The
robot ‘Nurse Bear,’ created by Riken and Sumitomo
Riko Labs in Japan, can transfer, lift, and reposition
patients with restricted mobility. One obvious challenge
for caregiving robots is providing empathy and compassionate care, which is often the most impactful aspect of patient experience. Humanoid robot ‘Pepper,’
described by its makers Softbank Robotics as ‘outgoing
and charming,’ assists in hospitals by welcoming patients, giving directions, and answering basic questions.
It is specifically designed to be a calming presence in
anxiety-inducing environments such as hospitals. In
Sweden, Pepper provided a fun distraction for paediatric cancer patients, whereas French hospitals used
Pepper to allow quarantined COVID-19 patients to
video chat with their relatives and in Germany, Pepper
is used to chat with Alzheimer’s patients.
Robots are likely to have a greater emotional impact
on humans, especially vulnerable patients. Social and
legal norms can also be written into a robot’s code to
ensure the robot’s behaviour remains in line with what
is generally deemed acceptable by the community in
which it operates.
Liability law drives public confidence and investment
by pushing manufacturers to design safer robots and
ensuring any failure on the part of the robot which
causes a loss is appropriately compensated by the
manufacturer. There is tension between promoting
safety and not stifling innovation. The balance struck
will be specific to the market in which the robot is sold.
For example, Japan’s urgent need for care assistance,
combined with its culture of embracing automation,
will likely drive innovation. In contrast, the European
market, which is more safety-conscious and influenced
by a Western culture that tends to be more cautious
about robots, may slow the development and
integration of robotics.
Regulating Robots
Where robots interact with humans, especially within
the sensitivities and complexities of the healthcare sector, the use of robotics must be regulated in order to
protect patients from harm. There is no specific ‘robot
law’ governing the design, market, and use of robotics.
What’s next?
The application of robotics in healthcare promises
increased efficiency, reliability, and consistency. Robots
don’t take holidays, get sick, strike, or need rest. Although the initial investment required to implement
a robotics program is significant, efficiency and productivity should offset this by providing long-term
cost-saving solutions. While there will be challenges in
regulating robots, as with any fast-paced areas of
emerging technology, a multi-faceted approach to regulation is necessary. This must ensure patient safety
whilst promoting innovation and efficiency in an
increasingly pressured healthcare environment.
In the UK, the legal framework used to regulate
robots is based on existing laws which regulate data
protection compliance and medical device regulation.
There are also more subtle mechanisms of regulation
such as the code or ‘architecture’ which define what
the robots themselves can and cannot do thereby
ensuring compliance with social norms.
EXPERT WITNESS JOURNAL
107
AUGUST/SEPT 2025
