AI and Medical Negligence

This paper examines the legal and ethical implications of artificial intelligence (AI) in medical negligence in Ghana, focusing on the adequacy of existing legal frameworks in addressing the unique challenges posed by AI-assisted healthcare delivery. Using the IRAC approach, the paper identifies key issues such as the blurring of lines of responsibility, lack of transparency and interpretability of AI systems, and potential for bias. The analysis reveals that Ghana's current laws, including the Public Health Act, 2012 (Act 851) and the Health Professions Regulatory Bodies Act, 2013 (Act 857), may not adequately address AI-related medical negligence. The paper recommends establishing multi-stakeholder committees, developing interim guidelines, adapting existing standards of care, promoting transparency and accountability, and fostering ongoing education and public engagement. The findings and recommendations contribute to the global policy debate on AI liability in medical negligence, emphasizing the need for collaborative, adaptive, and comprehensive legal and regulatory frameworks that prioritize patient safety, rights, and trust.