Publication Type

Journal Article

Version

publishedVersion

Publication Date

8-2025

Abstract

The use of artificial intelligence (AI) in healthcare may, notwithstanding its potential benefits,result in harm to patients from allegedly negligent acts or omissions by hospitals and medicaldoctors. In such circumstances, how should the principles in the tort of negligence (duty of care,breach, causation, remoteness of damage, and defences) respond to AI innovations in healthcare?In particular, how may the standard of care expected of hospitals and medical doctors be informedby regulatory guidelines? We refer to case law precedents and regulatory guidelines on the rolesand responsibilities of doctors and hospitals as AI implementers. Importantly, they prompt furtherreflection and consideration as to how regulatory guidelines can impact the application of judgemadeprinciples in negligence in connection with, for example, the reliance on medical AI in clinicalpractice, the disclosure of AI usage and risks to patients and the challenges posed by the opacityand non-explainability of medical AI.

Keywords

Negligence, AI in healthcare, regulatory guidelines, standard of care, causation of damage

Discipline

Artificial Intelligence and Robotics | Health Information Technology | Science and Technology Law

Research Areas

Private Law

Areas of Excellence

Digital transformation

Publication

Medical Law International

First Page

1

Last Page

25

ISSN

0968-5332

Identifier

10.1177/09685332251362405

Publisher

SAGE Publications

Additional URL

https://doi.org/10.1177/09685332251362405

Download

Share

COinS