The Legal And Ethical Implications Of Artificial Intelligence In Healthcare

Saksham Agrawal, Bharati Vidyapeeth New Law College, Pune

ABSTRACT

Integrating artificial intelligence (AI) into healthcare has the potential to transform healthcare in India, increase efficiency, and improve patient outcomes. From diagnosis to personalized treatment plans, the use of AI technology promises to increase efficiency and accuracy in healthcare. However, as AI systems become more ubiquitous, they also raise important legal and ethical issues that need to be addressed to ensure their safety and responsible use. This article explores the diverse impacts of AI on the Indian healthcare sector, focusing on key issues such as liability and accountability in the event of misinformation or incorrect treatment. Given the complexity of healthcare law in India, determining who is responsible for AI-driven decisions remains a daunting challenge. Protection and privacy are key concerns. Existing legal frameworks, including the Information Technology Act and the Personal Data Protection Act, provide some guidelines for data processing, but these are not followed as AI technology poses vulnerabilities and potential for misuse. In addition, the absence of a specific policy for AI in healthcare poses additional risks, underlining the need for general guidelines to govern, guide and monitor the development of AI applications. Technically, the use of AI raises the question of consent as patients may not understand how their data is being used or affected by AI enabled decision- making. Lack of transparency can undermine trust between patients and doctors. Additionally, the potential for algorithmic bias due to poor reporting may contribute to the existing healthcare discrepancies in many countries like India, hence the need for rigorous testing and diverse data to support the relationship. It is argued that addressing the ethical aspects of these legal issues is essential for the full potential of the medical profession in India to be realized. By encouraging collaboration between doctors, advocates, policymakers, and AI developers, India can create a strong foundation that enables people to ensure patient safety, promote integrity, and build trust in AI technology. As the country moves towards an AI-driven healthcare environment, effective applications are critical to address the complex challenges that arise in this rapidly changing environment.