Year: 2025
Type: article
Abstract: The rapid development and use of Artificial Intelligence (AI) in the diagnostic processes in India signify advancements in healthcare efficacy, efficiency, and accessibility. However, this is overshadowed by the legal and ethical ambiguities regarding liability and accountability when diagnostic errors occur. This research paper investigates the challenge of assigning responsibility within the multi-stakeholder ecosystem of AI-based diagnostics. Developers, healthcare providers, regulators, data fiduciaries and patients are just few of the parties involved. Traditionally, the Consumer Protection Act, 2019, places liability on the healthcare providers and institutions for medical negligence, but if AI makes a wrong diagnosis, who is liable? The doctor, the AI developer, or the hospital? Through a review of existing legal frameworks this research paper highlights the lack of specific regulatory frameworks and suggests solutions to bridge the gap. Current laws are incapable of accurately assigning responsibility when developers, data fiduciaries, clinicians, and AI algorithms collectively contribute to a diagnostic outcome.This paper provides an analysis of current and emerging cyber laws and proposes an adaptive legal framework that combines patient data protection with AI diagnostic liability, clearly outlining the roles and responsibilities of all the parties involved, while taking into account the opacity of AI systems.
Authors: VARSHINI B, Satya Sanjana G.R
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4416409814