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Volume: 5 Issue: 6
(June 2018)

ai health regulatory gap artificial intelligence (‘ai potential transform our health sector promises advance research diagnose ultimately treat patients what


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AI for health: Is there a regulatory gap?

Artificial intelligence (‘AI’) has the potential to transform our health sector, it promises to advance how we research, how we diagnose, and how we ultimately treat patients. What of its accompanying regulation? Can the existing law of agency, liability, and data protection accommodate such a technological change? The recent House of Lords report, ‘AI in the UK: ready, willing and able?’ touches on such questions. Coming to no definitive conclusion, the report digests conflicting opinion: some think AI will constitute a new paradigm for health law, others envision a series of limited, iterative changes. Who’s right? Johan Ordish, Senior Policy Analyst (Law & Regulation) at PHG Foundation, a health policy think tank part of the University of Cambridge, argues in this article that the most pressing concern is not any unique challenge AI might pose but rather the gaps that already exist in our laws of liability and medical devices.

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