UK doctors might be sued for errors made by AI
What's the story
Doctors and the National Health Service (NHS) in the UK could be sued for medical negligence over mistakes made by artificial intelligence (AI) tools. The warning comes from a report by the Medical Protection Society (MPS), which represents doctors accused of wrongdoing. The current law holds medics and health services liable for patient harm or death, even if AI was responsible for the errors.
Technological integration
NHS's increasing use of AI
The NHS is increasingly using AI for various tasks, including analyzing scans and X-rays, summarizing doctor-patient conversations, and drafting letters to patients. However, Dr. Sarah Townley, MPS's deputy medical director, warned that the law has struggled to keep up with such rapid technological changes. She said, "The law has always struggled to keep up with technological change. But with AI, the pace of change is so rapid that this gap feels less like a step and more like widening gulf."
Liability concerns
Potential risks from AI errors
The MPS highlighted potential risks from AI errors, such as missing a tumor in a patient's lung when reading an X-ray. This could lead to the patient's death due to false reassurance from the AI. Similarly, if an AI wrongly recommended increasing a patient's dose of warfarin (a blood thinner), it could result in severe bleeding requiring surgery and intensive care treatment.
Legal reform
MPS calls for government action
The MPS has called on the government to reclassify AI tools and systems as products, bringing them under the Consumer Protection Act 1987. This would help doctors and the NHS avoid liability for mistakes made by these technologies. The body warned that under the current product liability framework in the UK, there is a risk of clinical negligence claims against clinicians who could be held wholly liable.
Trust issues
Medics worried about being blamed for AI mistakes
UK medics are increasingly worried about being blamed for AI errors. They fear that without action to hold AI developers and manufacturers accountable, public trust in medicine could decline. Dr. Ragit Varia, president-elect of the Society for Acute Medicine, stressed the need for legislation and regulation to keep pace with rapid AI advancements.
Regulatory measures
Guidelines on AI liability being drafted
The NHS Resolution, which handles negligence claims against hospitals in England, is currently drafting guidelines on AI liability. A Department of Health and Social Care spokesperson said they welcome the MPS's report and will review its recommendations. Ahmed Binesmael, a senior policy analyst at the Health Foundation think tank, emphasized that public confidence in AI relies not just on technology but also on accompanying safeguards and oversight.