ARTIFICIAL INTELLIGENCE IN HEALTH CARE SECTOR OF INDIA: LEGAL REGULATORY CHALLENGES & WAY FORWARD
Keywords:
: Artificial Intelligence (AI), Intermediary Liability, Medical NegligenceAbstract
Though there is potential for AI to transform healthcare in India, ethical, legal, and cultural factors need to be considered by developers, practitioners, and policy makers when designing, using, and regulating AI. But there are some major regulatory issues of concern with respect to AI in health care like: How do AI programs ensure patient consent and privacy of sensitive medical data? How to address the questions of apportionment of liability among the practitioner, hospital, and the AI system developer, trainer and manager in case of an act of medical negligence? Further in the event of an AI diagnostic error how to determine the degree of accountability of the operating physician when a wrong diagnosis or treatment occurs due to an error in the primary data feed or an AI systemic glitch? With all this issues in hand & with the advancement of AI in health care, this paper aims to seek a review of India’s existing legal framework & AI policy regulation and how far are they efficient enough in addressing the intrinsic issue which might make the journey of AI in regulatory terms bit cumbersome. The paper will also analyse the steps taken by European Union in regulation of AI in health care and how India can learn from world best practices in order to come up with a robust & fair regulatory mechanism.
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