Doctors Face AI Liability Risk

Doctors and Health Service (NHS) in the United Kingdom could face medical negligence lawsuits for errors made by artificial intelligence (AI) tools in patient diagnosis and treatment recommendations, according to a recent report from the Medical Protection Society (MPS). The report, released this week, highlights a potential legal gap where clinicians may be held liable for AI-generated mistakes, even if the technology is the source of the error.

The MPS, which represents medical professionals, warns that under current UK law, doctors could become the primary target for clinical negligence claims stemming from AI failures. For instance, an AI tool might miss a tumor on an X-ray, leading to delayed treatment and adverse patient outcomes. Similarly, an AI could recommend an incorrect medication dosage, resulting in patient harm.

To address this, the MPS advocates for an overhaul of existing legislation, proposing that AI tools and systems be reclassified as products under the Consumer Protection Act 1987. This reclassification aims to shift liability towards AI developers and manufacturers, thereby reducing the burden on medical professionals and the NHS. The Department of Health and Social Care has acknowledged the MPS report and stated that NHS Resolution is developing guidelines on AI liability.