Open Access Research Article

ARTIFICIAL INTELLIGENCE ADVANCEMENTS AND CONTRACTUAL LIABILITY IN A DOCTOR PATIENT RELATIONSHIP: THE DILEMMA

Author(s):
NARAYANEE AKSHAYAVARSHINI N P
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 8
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Abstract

The Indian law of medical liability was built for a doctor who makes the clinical decision and can explain it. Artificial intelligence is changing that assumption. When a diagnostic or decision-support tool shapes the outcome, it is unclear who has broken which promise: the doctor, the hospital that deployed the tool, or the developer who sits outside the patient’s contract. This paper treats the doctor–patient relationship as a contract and works through the duties of each party, breach, the distinction between contractual liability and medical negligence, informed consent, the standard of care and professional skill, remedies and defences, asking how each applies to AI-assisted care. Drawing on Indian statutes and decisions and on the law of the United Kingdom, the United States and the European Union, it argues that existing doctrine can absorb AI in part but leaves a responsibility gap and gives patients no clear right to know how AI was used. It proposes a layered allocation of duties among doctor, hospital, developer and patient, a patient-facing consent term on AI use, a duty to preserve evidence of the tool’s behaviour, and targeted statutory amendment.

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Authors: NARAYANEE AKSHAYAVARSHINI N P Registration ID: 1013548 | Published Paper ID: IJLRA13548Approved ISSN: 2582-6433 | Country: Delhi, India

Article Information

ARTIFICIAL INTELLIGENCE ADVANCEMENTS AND CONTRACTUAL LIABILITY IN A DOCTOR PATIENT RELATIONSHIP: THE DILEMMA

Authors: NARAYANEE AKSHAYAVARSHINI N P

  • Journal IJLRA
  • ISSN 2582-6433
  • Volume 3
  • Issue 8
Citation Download Paper Full Details Search on Google Search on Google Scholar

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International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

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