The utilisation of artificial intelligence in medicine is a rapidly developing phenomenon, one that encompasses a wide range of diagnostic, therapeutic and administrative applications. This thesis examines how different legal systems are beginning to respond to this novelty. Specifically, the focus is on conducting a comparative analysis of the jurisdictions of England and Wales and the United States and, by evaluating their responses, to generate insights into how this phenomenon ought to be regulated.
A hypothesis underlying this investigation is that the solutions that the law may develop in response to similar difficulties elsewhere will not be readily transferable to the use of artificial intelligence in medicine. Medical practice presents a unique normative and regulatory environment that serves to distinguish it from other fields in which artificial intelligence is being implemented. Consequently, the framework within which this legal analysis is conducted is principally a bioethical one that aims to take the distinct demands of this context as its central starting point.