MPS Warns UK Doctors Face AI Negligence Suits Under 1987 Liability Law
Updated
Updated · The Guardian · Jun 9
MPS Warns UK Doctors Face AI Negligence Suits Under 1987 Liability Law
2 articles · Updated · The Guardian · Jun 9
Summary
UK doctors and the NHS could be held liable when AI tools misdiagnose patients or suggest harmful treatment, the Medical Protection Society told ministers in a new report.
Under the current framework, clinicians may become a “liability sink” even when the error comes from software — such as missing a lung tumour on an X-ray or wrongly increasing a warfarin dose.
The MPS wants AI systems reclassified as products under the Consumer Protection Act 1987, shifting more legal responsibility toward developers and manufacturers.
NHS use of AI is expanding across scan analysis, consultation summaries and patient letters, raising concern that unclear accountability could damage public trust as adoption accelerates.
The Department of Health said NHS Resolution is drafting AI liability guidance and that ministers will review the report’s recommendations to keep AI use safe.
With the EU's new AI law starting this year, is the UK's regulatory plan fast enough to protect patients from harm?
As AI enters hospitals, how can we stop hidden biases in code from creating a new wave of medical inequality?
When an AI makes a fatal error, who pays the price: the doctor or the tech company that built it?
AI Errors Put UK Doctors and NHS at Legal Risk: The Growing Crisis of Medical Negligence and Liability in 2026
Overview
The rapid integration of AI into UK healthcare brings urgent concerns about medical negligence lawsuits, as current legal frameworks make doctors and the NHS fully liable for mistakes made by AI tools. This creates a 'liability sink' where individual practitioners bear the risk for errors that may actually stem from flawed algorithms or system malfunctions. As a result, trust in the healthcare system is threatened and the adoption of beneficial AI innovations is hindered. The situation highlights the need for legal reform to ensure fair accountability and support the safe, effective use of AI in healthcare.