Artificial Intelligence in Healthcare: Standard of Care Under the Law of Medical Negligence in Malaysia and Singapore
摘要
Artificial intelligence (AI) has been increasingly making inroads to our daily lives and its application in the healthcare industry is particularly promising. It has brought substantial improvements to the clinical practice in terms of time, costs, efficiency, decision making, and patient outcomes. However, AI, its user, AI developer and manufacturer are not immune from errors. The use of AI in healthcare may result in harm or injuries to the patients. This conceptual paper aims to examine on how the standard of care may adapt to the use of AI in healthcare, the potential liabilities of medical practitioners and the possible options of remedies for patients. A doctrinal research method was adopted in this study, in which court decisions in Malaysia and Singapore as well as the Civil Law Act 1909 (Singapore) were examined. The relevant legal elements were then synthesised to establish the adaptation of the standard of care and its impact on the liability of medical practitioners. Currently, Malaysia and Singapore have issued guidelines or framework to ensure responsible use of AI. Any possible enactment of a new law regulating AI in the future should seek to ensure patients’ safety without impeding the development of technology.