ENGLAND — The Medical Protection Society published a report warning that medical professionals could become targets for clinical negligence lawsuits without legal reform addressing artificial intelligence errors. The report proposes reclassifying AI tools and systems as products under the Consumer Protection Act 1987.
Current U.K. law allows medical professionals and the health service to be held liable for patient harm or death caused by artificial intelligence errors. The society stated that artificial intelligence could potentially miss a lung tumor on a chest X-ray, which could lead to untreated cancer spreading and patient death. Similarly, an AI error recommending an increased warfarin dose could cause severe bleeding, requiring intensive care and surgery.
Dr Sarah Townley, deputy medical director, said: "The law has always struggled to keep up with technological change." Townley said: "With AI, the pace of change is so rapid that this gap feels less like a step and more like a widening gulf." The society stated: "Under the current product liability framework in the U.K., there is a risk that clinical negligence claims could be brought against the clinicians in these cases and that they would be held wholly liable."
The National Health Service uses artificial intelligence to analyze medical scans and X-rays. It also uses AI to generate summaries of clinical conversations with patients and draft correspondence. Dr Ragit Varia, president-elect, stated: "Innovation and patient safety should move forward together. If AI is advancing at Formula One speed, then legislation, regulation and governance cannot be left sitting in the pit lane."
Varia also said: "Clinicians should not find themselves holding a liability hot potato when decisions have been influenced by AI systems developed, supplied and implemented by others without the appropriate structure. We must avoid creating an accountability vacuum where responsibility for harm is unclear." NHS Resolution is drafting guidelines regarding artificial intelligence liability. A spokesperson said: "We welcome the MPS's report and will review its recommendations to ensure patients continue receiving the benefits of AI in healthcare safely and quickly."