Health
Jun 12, 2026
Doctors and NHS Face Liability Over AI Mistakes, Report Warns
A Medical Protection Society report warns that doctors and the NHS could be sued for clinical negli…
Executive Summary: AI Errors Could Trigger Negligence Lawsuits for CliniciansDoctors and the NHS may be held personally liable for patient harm caused by artificial‑intelligence tools used in diagnosis and treatment, according to a new report from the Medical Protection Society (MPS). Under current UK law, clinicians remain the accountable party even when an AI system makes the mistake.AI Integration in NHS Clinical PathwaysThe health service is expanding AI use across several functions, including:Automated analysis of scans and X‑raysGeneration of consultation summariesDrafting of patient lettersThese tools aim to speed decision‑making, but the MPS warns that rapid deployment outpaces existing legal safeguards.Legal Landscape: Current Liability FrameworkPresently, clinical negligence claims are directed at the treating clinician or the NHS Trust, not at the AI developer. The MPS argues that AI should be re‑classified as a “product” under the Consumer Protection Act 1987, which would bring manufacturers into the liability chain.Potential Consequences for Trust and PracticeDoctors could become a “liability sink” for AI‑related errors, discouraging adoption.Public confidence in NHS services may erode if accountability appears unclear.Legal costs and insurance premiums for clinicians could rise sharply.Examples cited include an AI missing a lung tumour on a chest X‑ray and an AI incorrectly recommending a higher dose of warfarin, both scenarios that could lead to fatal outcomes.Calls for Reform and Outlook for RegulationStakeholders—including the MPS, the Society for Acute Medicine, and the Health Foundation—are urging the Department of Health and Social Care to adopt the report’s recommendations. Draft guidelines from NHS Resolution are under review, and policymakers are being asked to align legislation with the speed of AI innovation to avoid an “accountability vacuum.”
#Medical Protection Society
#NHS
#AI in healthcare
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