Evidence map›Paper›PMID 39371533›Full record

ArticleFuture healthcare journal2024

Accidental injustice: Healthcare AI legal responsibility must be prospectively planned prior to its adoption.

Kit Fotheringham, Helen Smith

Abstract read
In one paragraph

Article in Future healthcare journal, 2024. The graph could read no effect estimate from its abstract, so it casts no vote on the map. Cited by 6 papers, 1 of them a synthesis that pooled it.

0numbers the graph read from it
0cells of the map it votes in
6citing papers in PubMed, 1 pooled it
–field-weighted citation impact
1 · What the graph read from it

What it found

Each row is one number read from the abstract, on the scale the paper reported it, with its interval. Left of the dashed line favours the treatment, right favours the comparator. Under each row is the sentence it came from. New to these charts? A ten-minute tutorial.

The abstract states no effect estimate the extractor could read, or names no intervention and outcome on the map, so this paper lights no cell and moves no belief. It is still indexed, cited and linked below.

2 · The registry

The trial behind it

Trials whose registry record cites this paper, or whose number appears in the abstract. A trial that started after this paper was published is citing it as background, not reporting it.

Neither the registry nor the abstract names a trial number. If this is a trial report, that itself is worth knowing.

3 · Its place in the literature

Who cites it

6 citing papers in PubMed, 1 synthesis or guideline pooled it.

  1. Pooled it
  2. Article
  3. [Application and progress of artificial intelligence agents in drug development].Zhejiang da xue xue bao. Yi xue ban = Journal of Zhejiang University. Medical sciences · 2026
    Review
  4. Article
  5. Generative AI models: the next anaesthetic agent?British journal of anaesthesia · 2025
    Article
  6. Article
4 · The record

Corrections and comments

PubMed lists nothing against this paper. Absence here is not a guarantee, only a check that was made.

5 · Who and what money

Authors and funding

2 authors.

Kit FotheringhamLaw School, University of Bristol, 8-10, Berkeley Square, Bristol BS8 1HH United Kingdom.
Helen SmithCentre for Ethics in Medicine, University of Bristol, Bristol, United Kingdom.

Funding

No grant is acknowledged in the PubMed record.

6 · The paper itself

Abstract

This article contributes to the ongoing debate about legal liability and responsibility for patient harm in scenarios where artificial intelligence (AI) is used in healthcare.We note that due to the structure of negligence liability in England and Wales, it is likely that clinicians would be held solely negligent for patient harms arising from software defects, even though AI algorithms will share the decision-making space with clinicians.Drawing on previous research, we argue that the traditional model of negligence liability for clinical malpractice cannot be relied upon to offer justice for clinicians and patients. There is a pressing need for law reform to consider the use of risk pooling, alongside detailed professional guidance for the use of AI in healthcare spaces.

Indexed as

Artificial intelligenceHealthcareNegligenceRegulation

Identifiers

PMID39371533
PMCPMC11452828

What OpenQuestion holds

Textmetadata
LicenceCC BY-NC-ND
Read underepoch 390

Registered trials

None linked

Read under generation 80e0d062 · epoch 390. Bibliography from PubMed, PubMed Central and OpenAlex; grants from NIH RePORTER; trial links from ClinicalTrials.gov; estimates, votes and beliefs from the OpenQuestion graph.