المملكة: Legal expert: Responsibility for medical error with artificial intelligence is “shared”
An expert in medical law and medical ethics confirmed that Saudi regulations tend to consider responsibility for Medical errors resulting from the intervention of artificial intelligence or robots are “shared” between three main parties: the developer of the technology, the health practitioner using it, and the medical facility that provides it.
Lawyer Dr. Hayatham Bin Hashr explained, in an exclusive interview with “Al-Youm”, that this legislative approach reflects justice in distributing responsibility and protects the patient.
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She gave an example that if a technical glitch occurs during A precise surgical operation performed by a robot. Legal accountability does not fall on the doctor alone, but rather extends to include the role of the developing company in ensuring the safety of the program, and the role of the hospital in setting protocols for use and follow-up.
She pointed out that modern technologies, despite their broad prospects in diagnosis and surgery, have presented subtle legal challenges, most notably “consent.” “Enlightened.”
Informing the patient
She stressed that the patient has the full right to know that the therapeutic intervention will be carried out with the help of non-human technology, and to have the freedom to accept or reject, stressing that the Kingdom is working to develop flexible legislation that guarantees the rights of all parties.
In a related context, Dr. Hayatham Bin Hashr stressed that medical confidentiality remains the basic principle and cornerstone in building trust. between the patient and the health practitioner, but at the same time she stressed that this confidentiality is “not absolute.”
She indicated that Saudi laws establish clear exceptions and oblige the doctor to immediately report to the competent authorities in specific cases, even if the patient objects.
These cases include serious infectious diseases, such as tuberculosis or “Covid-19”, to protect public health, as well as Cases of suspected child abuse or domestic violence to protect public safety.
She stressed that this balance reflects the philosophy of the Saudi health system, which protects the individual without harming the public interest, where confidentiality remains the rule, and exceptions are activated only within their limited legal scope.
Mutual responsibility
Dr. Hayatham considered that professional ethics It represents the “safety valve” that reduces disputes and medical issues.
She explained that many disputes do not reach a settlement if the practitioner adheres to complete transparency, such as explaining the details of the treatment plan accurately, disclosing potential side effects, and obtaining informed and documented consent from the patient.
She called for the necessity of translating ethical principles into policies. Mandatory written and periodic training for practitioners within medical facilities, and activating ethics committees, so that they do not remain mere slogans, noting that these laws and ethics were established primarily to help practitioners and protect them from unintended errors or malicious complaints.
She pointed out that modern systems, such as the system for practicing health professions and patient rights regulations, have changed the nature of the relationship between the doctor and the patient, So it moved it from a “custodial relationship” as it was in the past, to a “partnership relationship” and mutual responsibility.
She concluded by pointing out that the patient now has the full right to know, reject and consent, and in return, the system protects the doctor from unrealistic demands or malicious claims that may expose their owners to accountability.
She stressed that the legal texts in the Kingdom are advanced, but The biggest challenge lies in practical application and continuous awareness within health facilities to translate it into reality.
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