Medical Negligence In The Era Of Artificial Intelligence: Redefining Accountability And Responsibility In India’s Healthcare Framework
- IJLLR Journal
- May 7
- 1 min read
Rachana K, KLE Law College, Bengaluru
ABSTRACT
The incorporation of artificial intelligence (AI) technology and robotics in medicine reveals inherent flaws in India's legal regime on medical malpractice. This article seeks to examine the persisting application of existing principles, specifically the Bolam test established in Jacob Mathew v. State of Punjab , amidst the increasing role of algorithmic processes. Although the Consumer Protection Act, 2019 designates patients as consumers eligible for compensation due to poor medical care, it fails to cover damages inflicted through AI-augmented healthcare interventions.
The paper contends that the diffusion of liability under AI-powered health care makes it difficult to adhere to the conventional doctrine of duty, breach, and causation. The trend is further compounded by the emergence of patient autonomy as evident from the Montgomery v. Lanarkshire Health Board. In spite of the acknowledgment of the rights of the patients as consumers in the landmark Indian Medical Association v. V.P. Shantha case, the current laws have not provided clarity about the accountability of AI in the context of clinical judgment.
In order to address the legal lacuna, the paper proposes a novel liability regime based on statutory provisions and legal precedents, such as the Bharatiya Nyaya Sanhita, 2023 and EU's proposed Artificial Intelligence Act. The suggested framework combines the concepts of medical negligence and product liability and emphasizes the need for standard-of-care guidelines for AI systems. Without such legislation, the increasing adoption of AI in the realm of health care would prove to be detrimental for the patients.
