Doctor, Bot, or Both: Questioning the Medicolegal Liability of Artificial Intelligence in Indian Healthcare

Abstract

Artificial intelligence (AI) is rapidly transforming the landscape of healthcare, with its applications ranging from diagnostics to robotic surgery. As India swiftly integrates AI into its healthcare system, a critical question arises: who bears the liability when AI-driven medical decisions go wrong? This article explores the complexities of assigning legal responsibility for AI in healthcare, particularly within the Indian context. While India's legal framework, including the Information Technology Act, intersects with AI usage, it lacks specific provisions addressing AI liability. The National Strategy for AI, although a step forward, does not resolve the ambiguities surrounding accountability. The article also examines how other countries, particularly the European Union and the United States, are beginning to tackle these challenges through proposed directives and regulations. However, the absence of clear, comprehensive laws worldwide reflects the inherent difficulties in legislating AI stemming from its autonomous nature, the "black box" problem, and the multifaceted roles of stakeholders. Until robust legal frameworks are established, the article cautions healthcare professionals to exercise vigilance when using AI tools, recognizing that they may still bear significant liability. This evolving legal landscape underscores the need for continued deliberations in AI regulations.

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