Publication Type

Journal Article

Version

publishedVersion

Publication Date

6-2026

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 medical doctors. 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 informed by regulatory guidelines? We refer to case law precedents and regulatory guidelines on the roles and responsibilities of doctors and hospitals as AI implementers. Importantly, they prompt further reflection and consideration as to how regulatory guidelines can impact the application of judge-made principles in negligence in connection with, for example, the reliance on medical AI in clinical practice, the disclosure of AI usage and risks to patients and the challenges posed by the opacity and 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 | Medical Jurisprudence

Research Areas

Private Law

Areas of Excellence

Digital transformation

Publication

Medical Law International

Volume

26

Issue

2

First Page

144

Last Page

168

ISSN

0968-5332

Identifier

10.1177/09685332251362405

Publisher

SAGE Publications

Copyright Owner and License

Authors

Creative Commons License

Creative Commons Attribution 4.0 International License
This work is licensed under a Creative Commons Attribution 4.0 International License.

Additional URL

https://doi.org/10.1177/09685332251362405

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