AI technology could increase negligence claims as lawyers foresee emerging liability gaps in healthcare

The increasing implementation of artificial intelligence by healthcare professionals is raising significant concerns regarding potential clinical negligence claims. Anna McLeod, a partner at Smith Partnership, has emphasised that doctors are increasingly using AI for various tasks, from recording consultations to aiding diagnosis and treatment decisions. This integration of technology is creating a pivotal moment in clinical negligence, where questions arise over accountability when AI-supported decisions lead to adverse outcomes.

McLeod points out that while AI tools develop rapidly, the legal framework remains grounded. “At the moment, regardless of how a doctor reaches their decision or what tools they use, the doctor remains liable for the advice they give,” Anna said. However, the landscape becomes murkier when an AI system provides incorrect information that may mislead doctors into over-relying on automated advice. This scenario creates a growing liability gap between healthcare professionals and AI manufacturers.

“If a doctor relies on inaccurate AI information and that causes harm to a patient, at the moment it is still the doctor who is likely to be responsible for that decision,” she explained, raising concerns about who ultimately bears the blame in cases of medical error involving AI. As the sophistication of these systems increases, the question of liability becomes more contentious. McLeod believes this could lead to a rise in clinical negligence claims involving multiple parties, including both healthcare practitioners and AI developers.

Despite the challenges, AI's potential benefits in healthcare are considerable. McLeod noted that AI could enhance efficiency by aiding diagnoses, prioritising patients, and streamlining administrative tasks, ultimately improving patient care. However, these advancements must be accompanied by a rigorous understanding of the risks AI presents.

She stated, “There is going to be a role for AI in healthcare in the future. That is just a fact.” This underscores the necessity for junior doctors to be adequately educated on balancing AI-generated insights against their own clinical experience.

Looking ahead, the interplay between AI use and clinical negligence claims is expected to evolve. “I don’t necessarily think we will see fewer claims,” McLeod stated. Instead, the focus should be on ensuring that this technology is deployed safely, ethically, and transparently. As the medical profession continues to navigate AI integration, the pressing questions about responsibility and accountability will shape the future of clinical negligence claims.