In its report, Closing the AI Liability Gap, the MPS says AI systems not being clearly defined as ‘products' means liability exposure risks being borne by clinicians rather than developers, manufacturers and suppliers of AI tools if things go wrong. 

Dr Sarah Townley, deputy medical director at MPS, said: ‘AI cannot be governed with the tools of the past. The Consumer Protection Act 1987 was never designed with AI in mind, meaning AI systems will largely fall outside of its scope. As a result, those who develop, manufacture and supply AI systems are likely to be shielded from the liability rules that would usually apply if a defective product caused harm.'

A Department of Health and Social Care spokesperson said: ‘We welcome the Medical Protection Society's report and will review its recommendations to ensure patients continue receiving the benefits of AI in healthcare safely and quickly.

‘NHS Resolution is currently drafting guidance on liability with AI and further details will be announced in due course.'