AI in Healthcare: An International Quest for Criminal Liability in Medical Negligence Cases
Kafi Mahmud, Mukesh Kumar, O.P. Midha · 2024
The advanced technology of ‘AI’ seemingly has made human life much easier in this twenty-first century in different aspects of life. Healthcare service is also an area that gets a positive impact from AI as it helps to diagnose diseases and develop procedures to treat them, as well as the outcomes that will be helpful in curing the diseases. However, the advancement in technology in this area of the doctor-patient relationship raises another contentious legal issue of who is legally responsible for medical negligence as the technology is also getting in between. The health and safety of the patient must be the paramount consideration before employing AI for any medical purpose. As patient repose his/her trust to the medical professional with a belief that such procedure would result into their better health. Considering the trust of the patient, consumer and service provider agreement, the legal liability is required to minimize the medial negligence and awakening the medical professionals. This paper uses the doctrinal method and reviews existing literature to look into how AI technology relates to healthcare legal principles, specifically the issue of identifying responsibility for the AI-caused medical mishaps. This article also analyzes existing international documents to understand the context in which evolving AI technology is regulated and guided. The researchers were able to determine that there is an acute need for the standardization of a global regulatory framework.