Legal Liability in Cases of Medical Error Resulting from Reliance on Artificial Intelligence Systems: A Contemporary Perspective

Abstract

The incorporation of Artificial Intelligence (AI) in the health sector has brought enormous changes in the field of diagnosis and treatment; there have been also intricate legal dilemmas concerning the liability in the cases of medical error. The paper will discuss the problem of legal responsibility in the case of medical errors by AI systems and find out the roles of healthcare professionals, the developers of AI systems, and healthcare institutions. The study examines more than 30 legal writings, 24 court decisions and 60 scholarly materials to examine the sufficiency of the existing laws in solving these new issues using a descriptive-analytical approach. Comparative studies of the legal systems of countries such as Germany, the United States, and other developed jurisdictions indicate a transition to collective responsibility for physicians and AI developers. The results show that 72% of the current legal provisions do not spell out the mistakes brought about by AI that have resulted in lack of uniformity in legal interpretations and challenges in determining who to blame. Moreover, 62% of the comparative studies show support in the shared responsibility models and 38% show the primary responsibility of the physician. The paper makes a conclusion that the absence of a consistent legal framework leads to the ambiguity in the determination of the liability of AI-related healthcare mistakes. The study recommends that certain laws should be enacted to determine the place of AI in medical decision-making, provide a level of transparency to AI systems, and determine shared standards of liability among the stakeholders. The research emphasizes the need for achieving an appropriate balance between technological progress and patient safety and calls for the creation of specialized committees to study the mistakes made by AI technology so that a uniform policy can be formulated.