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Artificial Intelligence – The new world order

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There has been relatively little open discussion about how the legal system is likely to address liability in claims from patients who are injured as a result of the use of AI in the provision of healthcare. There is a surprisingly modest amount of medico-legal literature. In terms of caselaw, in the UK at least there do not appear to have been any relevant cases which have made their way through the courts on issues of liability. There is a single, relatively well-citied inquest from the North-East of England, which was concerned with robotic surgery, and to which this article returns.

It is academically attractive to adopt a thematic approach and examine the “grand narratives” (breach of duty, causation and so forth), but analysing real-world hypotheticals from a practitioner’s perspective may ultimately be more informative. Accordingly, this article poses three potential claims.

This article was originally produced for Personal Injury Compensation.

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