Liability from Harms Caused by the Use of Artificial Intelligence in Healthcare

This two-year project will explore issues of civil liability that arise from the use of artificial intelligence in healthcare. We will focus in particular on harms caused by the use of machine learning algorithms in diagnosis and treatment decisions. Our aim is to evaluate how existing tort regimes (including negligence and products liability) would apply to these harms, whether these approaches would be normatively desirable, and if not, whether a sui generis regime should be created. In exploring these questions, we will engage with policy considerations and examine other relevant areas of the law, including the regulation of medical devices, healthcare professionals, and data. While the project is centred on the UK, it will incorporate comparative elements, drawing on the legal frameworks and literatures of the US, the EU, and potentially other jurisdictions.

The project outputs will include scholarship for both legal and multi-disciplinary audiences, as well as a report for policy-makers.