Source: Deccan Chronicle

Deccan Chronicle highlights a significant statement by a Supreme Court Judge regarding the intersection of medicine and artificial intelligence liability. The Judge clarified that legal responsibility for medical treatment and potential negligence remains squarely with human doctors, regardless of the sophistication of the AI assistants used during diagnosis or surgery. Citing international examples of legal disputes concerning data privacy and algorithmic errors , the Judge emphasized that AI lacks legal personhood and therefore cannot be held accountable for malpractice in a court of law.

This judicial perspective reinforces the traditional "human-in-the-loop" requirement in high-stakes sectors like healthcare. The rationale is that while AI can process vast amounts of medical data and suggest diagnoses, the final decision-making power—and consequently the duty of care—rests with the medical practitioner. This clarification is crucial for hospitals and medical technology companies in India, as it delineates the scope of liability insurance and standard operating procedures. It suggests that defense arguments blaming "algorithmic error" will likely not exonerate medical professionals from liability for patient harm.