Artificial Intelligence (AI) is rapidly transforming the healthcare sector, offering solutions to complex challenges and potentially revolutionising patient care. However, this exponential growth also brings significant legal and ethical risks that healthcare providers must navigate carefully.
The advancement of AI in this industry is driven by increased computing power, growing data volumes, and the shift towards automation and preventive care. AI applications range from diagnostics to robotic surgery, potentially improving efficiency and patient outcomes. However, concerns persist about the displacement of human judgment, lack of transparency in decision-making, and potential bias in AI systems.
Regulatory approaches to AI vary globally. The EU has taken a comprehensive, risk-based approach with the EU AI Act 2024 EU AI Act: first regulation on artificial intelligence | Topics | European Parliament (europa.eu), categorising AI systems into risk levels and imposing corresponding obligations. The UK initially favoured a more flexible, pro-innovation strategy, but the recent change in government may lead to a more risk-based approach to regulation in targeted areas, including healthcare.
Key legal issues surrounding AI in health and care include:
- Data Protection: AI systems process vast amounts of sensitive patient data, raising concerns about privacy and GDPR compliance.
- Discrimination and Bias: AI systems may perpetuate or exacerbate existing inequalities if trained on biased data.
- Liability: Determining responsibility for AI-driven errors that harm patients is complex and likely to involve healthcare professionals, providers, AI developers, or suppliers.
- Contractual and Product Liability: Clear delineation of roles and responsibilities between healthcare providers and AI developers is crucial.
To mitigate these risks, healthcare providers should prioritise:
- Comprehensive due diligence when evaluating AI vendors and technologies.
- Robust data privacy and cybersecurity measures.
- Clear contracts and policies establishing accountability and liability.
- Thorough staff training on AI use and limitations.
- Patient education about AI applications, benefits, and risks.
- Continuous monitoring and evaluation of AI system performance.
Insurance considerations are also vital. Providers should:
- Review existing indemnity insurance to ensure coverage for AI-related errors and omissions.
- Assess limits of indemnity to cover potential claims from AI use.
- Ensure coverage for regulatory compliance issues related to AI.
- Confirm that insurance encompasses all aspects of AI implementation.
- Understand procedures for reporting AI-related incidents and making claims.
As AI evolves, healthcare providers must balance the potential benefits and associated risks. This requires a proactive approach to risk management, staying informed about regulatory changes, and maintaining open communication with insurers and stakeholders.
While AI holds immense promise for improving healthcare delivery, its implementation must be carefully managed to ensure patient safety, maintain public trust, and navigate the complex legal landscape. By addressing these challenges head-on, providers can harness the power of AI while minimising potential pitfalls.
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Find out more about AI’s expanding role in healthcare and its implications for the insurance sector by listening to episode 9 of our podcast, AlteaTalks.
"The information contained in this article does not represent a complete analysis of the topics presented and is provided for information purposes only. It is not intended as legal advice and no responsibility can be accepted by Altea Insurance or WTW for any reliance placed upon it. Legal advice should always be obtained before applying any information to particular circumstances."
