Analysing The Dynamic Nature Of AI In Healthcare And The Legal Landscape

Abstract

It is an in-depth study of the applications of Artificial Intelligence (AI) technologies such as Machine Learning (ML) and Natural Language Processing (NLP) in healthcare sector to expand diagnostic capabilities. It also examines the use cases of AI in healthcare, delving into the legal ramifications with an emphasis on critical issues such as patient data privacy and relevant privacy laws in real world settings. The challenges of safeguarding data privacy, alongside issues in medical liability, ethical considerations, including informed consent, fairness, and algorithmic biases are analysed  to underscore the responsible use of patient data. Additionally, this paper addresses cross-jurisdictional legal complexities affecting Artificial Intelligence in healthcare by assessing global regulatory perspectives, specifically the initiatives by the United States, the European Union, and India’s current developments and frameworks that promote secure and ethical integration of AI technologies in healthcare. This study concludes with recommendations for the safe deployment of AI in this domain.

Keywords–Machine Learning, Natural language processing, Artificial Intelligence, European Union, United States, India, Cross-jurisdiction.

Introduction

Artificial Intelegence has become equivalent to human intelligence. A revolution in healthcare has started with new AI-driven applications. AI is changing the way professionals diagnose, treat, track patient progress, disease detection and  manage patient care. It has potential to influence clinical decision-making, improve operational efficiency and provide personalised treatment plans. The growing use of AI is also leading to many serious challenges and concerns, such as ethical, legal  and regulatory concerns including the safe and effective use of AI technologies. Data breaches has also become one of the serious concerns in India. According to the reports around 2,138 cyber-attacks per week and  15% increase from the previous year, positioning India as the second most targeted nation in the Asia Pacific region. U.S. has FDA, a federal agency to regulate AI driven medical devices through process of multiple testing, EU has GDPR to regulate the use of personal data whereas India’s uniform regulatory framework is at a developmental stage and focusing more towards Data privacy. The Information Technology Act 2000, and the Sensitive Personal Data or Information Rules are currently applied to regulate data privacy in healthcare; however, they fall short of addressing the specific challenges related to patient data regulation and privacy.

Background of AI in Healthcare

It was in the late 1970s that AI was first used in medicine to deal with biomedical problems and later led to interpreting electrocardiograms (ECGs) which record the electrical activities of the heart and helps in decision-making. During this period the biomedical applications of AI emerged and catalyzed in part by the creation of a computing network designed for developing AI applications in the biomedical sciences called SUM EX-AIM. Since then, AI has transformed with the integration of machine learning and deep learning and functions on huge datasets, including clinical data and electronic health records. AI assists in diagnosing patterns and predicting outcomes, facilitating earlier diagnosis, prior health alerts and more personalized treatment strategies. The AI market in the health sector is predicted to grow at a compound annual growth rate of 47.6% from 2023 to 2028 and reach a value of $102.7 billion in 2028.

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Author: Akriti Kumari