Laws in the UK need an urgent update so patients who suffer injuries where faulty artificial intelligence (AI) is used in their treatment can pursue compensation, personal injury lawyers say.
An independent national commission is working with experts, including from Google and top clinicians, to draw up new regulations for the use of AI in NHS care.
“The law is lagging behind when people are injured and AI technology is involved. AI use in healthcare is set to be transformative in providing rapid, accurate diagnosis and personalised treatment, so it’s key that if patients are hurt due to negligence where AI plays a part that they have a clear and accessible route to redress through the courts in the UK,” said Pauline Roberts, from the Association of Personal Injury Lawyers (APIL).
“People injured by medical products that utilise AI are forced to take on well-resourced manufacturers, sometimes based abroad, by pursuing product liability claims, which are notoriously complex, costly, and lengthy,” she went on.
AI-powered radiology has already been used to help diagnose cancer or covid from chest imaging*, for example. Technology is being trialled to speed up patient discharges from hospital with AI enhanced robots assisting in minimally invasive procedures, thus reducing recovery time.
“The law must keep pace with the latest use of technology, including AI use in healthcare so injured people can avoid a ‘David and Goliath’ battle to secure the compensation they need to get their lives back on track,” said Pauline.
“The legal framework around injuries caused by products involving AI generally, not just their use in healthcare, needs to be reviewed to ensure that if someone is needlessly injured, they receive the timely help and compensation that they need,” she added.
APIL has responded to the Medicines and Healthcare products Regulatory Agency (MHRA)’s call for evidence to inform the recommendations of the National Commission as it develops the new regulation framework for AI use in healthcare.