top of page

Legal And Ethical Implications Of Artificial Intelligence In Clinical Decision-Making




Rohan Abraham Daniel, School of Law, Christ (Deemed to be University)


ABSTRACT


Artificial Intelligence (AI) is rapidly changing the landscape of modern healthcare, most profoundly in the area of clinical decision-making. From diagnostic imaging using deep learning technology to natural language processing tools that query electronic health records, AI systems are now actively participating in the field of healthcare, including the detection of diseases, recommendation of treatment pathways and prediction of patient outcomes. This technology has promised enhanced precision, reduced clinician burden, greater accessibility, and improved level of health outcomes. Yet their integration into the clinic generates equally substantial legal and ethical tensions. Some of the main concerns and questions raised are of liability allocation when AI contributes to a misdiagnosis, the adequacy of the informed consent where algorithmic logic is used, the systemic injustice embedded in biased training data, and the jurisdictional fragmentation of regulatory oversight remain unresolved in law and contested in ethics. This article undertakes a comprehensive examination of these tensions and analyses the existing legal frameworks across key jurisdictions including the United States, the European Union (EU), and India and evaluates their adequacy in addressing AI specific challenges such as adaptive learning and black box decision making architecture and looks at the foundational bioethical principles in the context of algorithmic medicine. The main argument is that AI has to play an auxiliary role rather than being an alternative to human clinical judgment, but that in turn calls for a recalibration of the doctrine of liability, informed consent, and accountability.


Keywords: Artificial Intelligence, Clinical Decision Making, Medical Liability, Informed Consent, Healthcare Regulation, Data Protection, Liability.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

bottom of page