ABSTRACT
The European Union (EU) has proposed a two-fold approach to regulating AI, consisting of the Artificial Intelligence Act (AI Act), which soon will come to fruition, and the proposed AI Liability Directive. This paper takes an exploratory approach to critically evaluate the new proposals in resolving medical negligence claims, through using example case studies to highlight the realities and applicability of the regulations in ‘real world’ scenarios. Through assessment of the England and Welsh common law, this paper argues that the duty of care owed by physicians when collaborating with AI is currently not fit for purpose. In addition, this paper highlights that enforcement of the new proposals will lead to physicians falling victim to ‘red tape’ rules, and in turn, stifle innovation and reduce the benefits AI can bring to the healthcare sector. Finally, the paper argues that the proposals leave many questions regarding the practicalities of medical negligence unanswered, highlighting the future difficulties the courts will face in applying the new rules once approved.
This article will soon be appearing in the Oslo Law Review in a form that will take account of the final text of the Artificial Intelligence Act.
Haden, Chloe, The Consequences of the Proposed AI Act and AI Liability Directive on Medical Negligence: Will Physicians Fall Victim to ‘Red Tape’ Rules? (January 21, 2024).
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