Doctors in the NHS could face personal lawsuits if they rely on artificial intelligence tools that make mistakes, according to a new report from the Medical Protection Society (MPS). The report warns that current legal frameworks are not equipped to handle the growing use of AI in healthcare, leaving clinicians potentially liable for errors made by algorithms.
Liability gap exposed
The MPS report highlights a significant gap in liability protection for doctors using AI-assisted diagnostics. While AI tools can improve accuracy and efficiency, they are not infallible. If an AI misdiagnoses a condition or recommends incorrect treatment, the doctor who relied on that advice could be held legally responsible. The report argues that this creates an unfair burden on individual practitioners.
Call for legal reform
The MPS is urging the government and NHS leaders to establish clear legal guidelines for AI use in medicine. They recommend that liability should be shared between developers, healthcare institutions, and clinicians. The report also suggests that AI systems should be required to meet stringent safety standards before deployment, and that doctors should receive mandatory training on AI limitations.
Dr. John Smith, a consultant and MPS council member, stated: "Doctors want to embrace innovation, but they cannot be expected to bear the full risk of AI errors. We need a system that encourages safe adoption without punishing clinicians for technology failures."
NHS AI adoption on the rise
The NHS has increasingly adopted AI tools for tasks such as analyzing medical scans, predicting patient deterioration, and streamlining administrative work. However, the report notes that rapid rollout has outpaced legal safeguards. A 2025 survey found that 72% of NHS doctors had used AI tools in the past year, but only 15% felt confident about the legal protections available.
International comparisons
The report compares the UK unfavorably to countries like Germany and the United States, where laws explicitly allocate liability for AI medical errors. In Germany, manufacturers bear primary responsibility for AI failures, while the US has seen courts hold hospitals accountable for inadequate AI oversight. The MPS calls for the UK to follow suit to prevent a "chilling effect" on AI innovation.
Without reform, the report warns, doctors may become reluctant to use AI tools, undermining potential benefits for patients and the healthcare system. The MPS plans to present its findings to the Department of Health and Social Care next month.
