Conducting a Comparative Analysis of Medical Negligence Laws in Ghana's Courts Act 1993 (Act 459) and Other African Common Law Countries Concerning Artificial Intelligence Systems

Abstract

This comparative legal analysis examines gaps in medical negligence liability principles and healthcare AI governance policies across Ghana, Nigeria and South Africa. Applying structured analytical frameworks, it maps longstanding laws focused on human provider standards of care against modern contexts of rising algorithmic and robotic assistance needing tailored accountability. By identifying jurisdictional deficiencies in adapting existing negligence rules to emerging technologies, targeted recommendations to update century-old statutes through enumerated amendments are proposed for aligning law with clinical disruption. This forward-looking modernization of reasonableness constructs and negligence duties represents an original jurisprudential contribution strengthening accountability in AI integration protecting patient welfare. Significance emerges for developers, policymakers and adopters in forming clear guidelines and statutory updates essential for responsible health AI innovation as Africa undergoes profound practice transformation. In conclusion, deliberate legal reforms affirm enduring human dignity commitments amidst technological upheaval through precision scaffolding, catalyzing ethical adoption rooted in regional values.

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