Adapting to the Future

Redefining Duty of Care and Liability in Light of the Rise of Artificial Intelligence in Healthcare

Abstract

This research examines the complex legal landscape surrounding duty of care, liability, and accountability in the context of Artificial Intelligence (AI) integration in healthcare. As AI systems become increasingly involved in medical practices and clinical decision-making, their unique characteristics, such as opaque "black box" decision-making and lack of human-like reasoning, pose significant challenges to existing legal frameworks. The study highlights the inadequacy of medical negligence laws in addressing AI-related incidents in healthcare and the potential of vicarious liability, product liability, the concept of the “reasonable computer”, and transparency regulations in addressing AI errors. The findings emphasise the importance of ongoing regulatory adaptation to ensure that legal frameworks evolve with advancements in AI technology, ultimately safeguarding the interests of patients and healthcare practitioners.