Balancing Innovation And Regulation: The Legal Challenges Of Governing Artificial Intelligence In Healthcare

Jasleen Kaur Bahri, BA LLB, Christ Academy Institute of Law

Mohd Yasir Khan, Christ Academy Institute of Law

Aaryansh Agrawal, Christ Academy Institute of Law

"Our future is a race between the growing power of technology and the wisdom with which we use it." Stephen Hawking

ABSTRACT

This chapter will outline the moral and legal issues that artificial intelligence (AI) in healthcare raises and offer solutions. The definition of artificial intelligence (AI) will be briefly explained in the article and also it will provide an overview of current US and European trends and plans. This will help to focus the discussion on the moral and legal issues surrounding AI- driven healthcare. The consideration of the four main ethical issues— informed permission to use, safety and transparency, algorithmic fairness and biases, and data privacy—will also be in the article.. After that, the article will also examine five legal issues in the US and Europe: (1) liability; (2) safety and effectiveness; (3) data protection and privacy; (4) cybersecurity; and (5) intellectual property. Artificial intelligence (AI) has brought forth several legal and ethical challenges for society, including those involving privacy and surveillance, bias and discrimination, and the role of human judgment. These challenges may also pose a philosophical difficulty. worries regarding more recent computer technology. Data breaches and new sources of inaccuracy have emerged as a consequence of its employment. Errors in the process or guidelines within the healthcare industry can have disastrous repercussions for the patient who was the mistake's victim. Since patients come into contact with medical professionals during times in their lives when they are most susceptible, it is vital to keep this in mind. As of right now, there are no clear rules in place to discuss the potential moral and legal ramifications of using artificial intelligence as a tool in healthcare.

Keywords: Artificial intelligence, ethical issues, healthcare, cyber security, technology, employment, victim, and legal ramifications.