AI in Medicine
Ditipriya Dutta Chowdhury, Sangeeta Roy Maitra · 2025
The amalgamation of artificial intelligence (AI) into medicine has undergone a remarkable transformation, reforming healthcare globally. It offers exceptional accuracy and efficiency. This article begins with discussing the evolution of AI and its major applications in medicine. However, the promising role of AI in medicine brings forward certain legal considerations: personhood and liability issues in case of AI-associated errors. The article further discusses the intricacies of personhood status of AI along with identifying the stakeholders involved in implementing AI applications. Since AI is not recognized as a person under the current patent law regime in India, establishing the degree of human involvement in interpreting AI-generated insights is crucial in attributing responsibility. Therefore, to determine “who shall be responsible”, the article examines the duties of stakeholders involved and deliberates upon the concepts of negligence and liability under tort laws, with the help of doctrinal research methodology. Finally, it attempts to relate such liability aspects in accordance with the European Union AI Act and recommend whether there is a requirement for the current legal system in India to evolve to accommodate such complexities.