GP liability warning as health secretary pushes use of…read more
The use of artificial intelligence (AI) in the NHS is gaining traction, but new guidance from NHS England has highlighted potential risks, particularly regarding liability for clinical negligence. The guidance, released as the health secretary Wes Streeting advocates for AI’s role in healthcare, focuses on GP practices that may use AI-driven “ambient scribing products”—advanced voice technologies that assist with clinical documentation and workflow support.
These AI tools, also known as ambient scribes or AI scribes, aim to ease the burden on clinicians who often spend a significant portion of patient consultations typing or recording information into computer systems. By transcribing conversations into clinical notes, these technologies allow medical professionals to focus more on patient care. The government sees this as a way to enhance efficiency across various NHS settings, including primary care, community care, and specialized hospital environments.
While the guidance encourages the adoption of AI tools to improve workflow and save time, it also warns of several risks associated with these technologies. For instance, AI systems may introduce biases because of limitations in the data used to train them, which could affect the accuracy of the outputs. Technical risks like system failures, integration issues, and data loss are also highlighted. Clinically, there are concerns that AI tools might miss crucial information, present incorrect details, or produce delayed outputs.
The guidance advises GP practices to implement a safety framework, including a hazard log and ongoing monitoring processes, to address potential issues. Additionally, staff must be adequately trained, particularly on how to use dictation tools effectively and ensure proper review and correction of AI-generated outputs. Despite the potential benefits, NHS organizations are advised to consult legal teams before adopting AI products. Legal assessments are crucial to understand the product’s functionality, use cases, and the level of human oversight required. This will help mitigate liability risks, especially in cases of clinical negligence claims, as responsibility can sometimes fall on the NHS organization if a liable party cannot be identified.
The guidance further emphasizes that liability for AI-related claims remains an unresolved issue within the legal framework, with limited case law to offer clarity. To protect against financial exposure, NHS entities are encouraged to establish clear contractual agreements with AI suppliers, specifying their roles and responsibilities. This approach will help reduce the complexity surrounding liability, particularly in the case of clinical negligence.
Streeting, the Health Secretary, has been vocal about AI’s potential to revolutionize the healthcare system. He believes that AI can reduce administrative burdens, enabling clinicians to spend more time with patients. This aligns with the government’s broader aim to digitize healthcare services, which was reinforced by a record £26 billion funding allocation for the NHS in the budget, aimed at supporting innovations like AI. Dr. Vin Diwakar, Director of Transformation at NHS England, shared the excitement for AI, highlighting its potential to improve both staff workload and patient outcomes.
However, despite these optimistic projections, some GP leaders have expressed caution. Local Medical Committees (LMCs) have raised concerns about the limitations of AI, with some advocating for only fully trained doctors to challenge AI outputs effectively. Additionally, medical defense organizations have warned against using AI in specific areas, such as patient complaints, due to risks of inaccuracy or lack of sincerity in responses.
In conclusion, while AI offers promising advancements for the NHS, the integration of these technologies raises important legal and clinical questions. NHS organizations are urged to carefully consider the risks, ensure appropriate safeguards, and seek legal guidance before implementing AI-driven solutions.
