The use of AI in dentistry, and healthcare as a whole, has evolved rapidly in recent years. This has widened the gap between the law and the adoption of this new technology, sparking concerns that clinicians may pay the price when things go wrong.
As published by The Probe, a new report warns that under existing product liability frameworks clinicians who use AI systems are at risk of absorbing all legal responsibility if a patient is harmed as a result of defective AI. This is especially risky when an AI system is tasked with suggesting diagnoses and treatment plans.
Because AI systems are not clearly defined as products, developers, manufacturers, and suppliers of AI may be protected against liability that would usually apply if a product was defective, and caused harm.
The Guardian reported that the NHS is increasingly adopting AI for more purposes, including to analyse X-rays, generate summaries of conversations with patients, and draft patient letters.
Giving an example related to the medical setting, the Medical Protection Society said AI could potentially miss a tumour in a patient’s lung when reading a chest X-ray, at huge risk to the patient’s future health.
In order to address these concerns, the government is being urged to reclassify AI tools and systems as products. This would mean that they’d fall under the scope of the Consumer Protection Act 1987. In turn, this might help protect practitioners if an AI system is defective.
