Dental Protection has urged the Government to address the widening gap between the law and the rapidly evolving use of AI in healthcare – amid growing concerns that clinicians, including dental professionals, may pay the price.
In a new report – Closing the AI Liability Gap – Dental Protection warns that under the existing product liability framework, clinicians using AI systems – particularly those suggesting diagnoses and treatment plans – are at risk of absorbing all legal responsibility if a patient comes to harm, even if harm arises due to a defective AI system.
This is because AI systems are not clearly defined as ‘products’ – meaning that developers, manufacturers and suppliers of AI tools, may be shielded from the liability rules that would usually apply if a defective product caused harm.
Dental Protection described the current framework as “inequitable” and potentially leaving clinicians, including dental professionals, unfairly exposed to clinical negligence claims.
It has called on the Government to introduce legislation which clearly classifies AI systems as products. Such a change would distribute responsibility for harm caused by defective systems more fairly – rather than placing it solely on clinicians through clinical negligence claims.
Dr George Wright, Dental Director at Dental Protection, said: “AI provides huge opportunities to transform how we deliver dental care and this will only increase over time. The law, however, is struggling to keep pace with the rapid pace of technological change.
“The Consumer Protection Act 1987 was never designed with AI in mind. As a result, those who develop, manufacture and supply AI systems may end up being shielded from the liability rules that would ordinarily apply if a defective product causes harm.
“This makes it difficult for patients to bring product liability claims against these parties if harm occurs. The default could therefore be to pursue clinicians, as the end users of the AI, through a clinical negligence claim.
“If harm arises from a defective AI system, legal responsibility should be distributed fairly. Clear, shared liability would not only better protect clinicians, but it would also build trust, encourage uptake of AI, and incentivise developers to prioritise safety from the outset. The Government must address this issue.
“At Dental Protection, we remain committed to helping our members and their patients realise the potential benefits of AI, while providing advice and support to manage emerging risks. We are equally focused on ensuring that AI tools – and the legal frameworks that underpin them – work fairly and effectively for those using them, and we will continue to advocate on this issue on behalf of our members.”
Last year, Dental Protection launched the AI Safer Practice Framework to help dental professionals integrate AI safely and responsibly into practice. The framework, designed by Raj Rattan, Global Adviser at Dental Protection, comprises two parts – INFORMED and RECORDS – and has been structured around these acronyms for ease of use.
View Dental Protection’s Closing the AI Liability Gap report.
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About Dental Protection
Dental Protection is a registered trademark and a trading name of The Medical Protection Society Limited (“MPS”). MPS is the world’s leading protection organisation for doctors, dentists and healthcare professionals. We protect and support the professional interests of more than 300,000 members around the world. Membership provides access to expert advice and support and can also provide, depending on the type of membership required, the right to request indemnity for any complaints or claims arising from professional practice.
Our in-house experts assist with the wide range of legal and ethical problems that arise from professional practice. This can include clinical negligence claims, complaints, medical and dental council inquiries, legal and ethical dilemmas, disciplinary procedures, inquests and fatal accident inquiries.
Our philosophy is to support safe practice in medicine and dentistry by helping to avert problems in the first place. We do this by promoting risk management through our E-learning, clinical risk assessments, publications, conferences, lectures and presentations.
MPS is not an insurance company. All the benefits of membership of MPS are discretionary as set out in the Memorandum and Articles of Association.