AI, Privacy And Medical Negligence: Accountability In The Era Of Robotics
- IJLLR Journal
- Apr 22
- 2 min read
Saransh Kumar, BALLB, CHRIST (Deemed to be University), Delhi NCR
ABSTRACT
Artificial intelligence (AI) is now the essential as well as crucial part of all the innovative field and that includes the field of healthcare, that has experienced a rapid transformation from traditional practices to advance robotic-assisted surgery, Telemedicine and the complex infrastructure for the development of biomedical research. However, with the ease of AI it instigates the challenges in the medical field relating to the question of accountability, liability and ethical governance. Unlike traditional medical negligence, where it was easy to identified the liability, whereas Artificial Intelligence make it complex on whom to hold accountable in the case of fault, whether it is the doctor, hospital, manufacturer, or the developer of the Robotic-Assisted Surgery machinery? This study also examines the extend till which the Artificial intelligence can be allowed to access the data of the patient without violating the right of privacy of the Individual, and highlights the crucial aspect of black box problem that questions the complex AI driven decision making algorithm and its biasness in the medical field. It also critically examines the current legal frame work governing AI in healthcare and compares it with the legislation of leading AI nation such as USA: AI Bill of Rights and UK: AI Regulation White Paper. This study argues for a hybrid liability model that has oversight over the algorithmic transparency, strict regulation of medical AI system and mandatory auditing mechanism. Ultimately, the paper highlights the urgent need to reorient medico- legal responsibility in an era where the Machines increasingly mediate clinical decision-making in the healthcare.
Keywords: Artificial Intelligence, Robotic-assisted surgery, Telemedicine, Medical research, medical negligence.
