Jusletter IT

Machine learning and artificial intelligence encompass huge potentials and benefits to society as a whole, especially in the healthcare industry. However, with such potentials also come the question of allocation of liability where things go wrong. As we continue to venture into the unchartered territories of machine learning technologies in healthcare, the urgency to create a suitable regulatory regime becomes ever so pressing. This paper analyses the non-suitability of existing legal regimes in regulating machine learning advancements in the healthcare sector, specifically in terms of the attribution of responsibilities when incorrect decisions are made using such technologies. It deals with four main issues: (1) the incompatibility between the tort of negligence and the nature of machine learning; (2) the possibility of regulating artificial intelligence advancements by imposing strict liability; (3) issues anticipated when trying to subject self-learning machines to a legal regime designed for human; and (4) potential options in regulating machine learning technologies in the healthcare sector.