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This analysis examines Ghana’s Health Professions Regulatory Bodies Act, 2013 (Act 857) to assess its fitness to govern the ascent of artificial intelligence (AI) in reshaping healthcare delivery. As advanced algorithms supplement or replace human judgments, dated laws centered on individual practitioner liability struggle to contemplate emerging negligence complexities. Act 857 lacks bespoke provisions for governing this new era beyond outdated assumptions of human-centric care models. With AI projected to transform medicine, proactive reforms appear vital to enable innovation gains while upholding accountability.
Through an IRAC legal analysis lens supplemented by case law spanning from the United States to Ghana, this paper demonstrates how judiciaries globally are elucidating risks from legal uncertainty given increasingly autonomous health technologies. Findings reveal governance gaps impeding equitable access to remedy where algorithmic activities contribute to patient harm. Calls for stringent training, validation and monitoring prerequisites before deploying higher-risk AI systems signal a reframed standard of care is warranted.
Detailed recommendations to modernize Act 857 and adjacent regulation are provided, covering practitioner codes, product safety, ongoing evaluation duties, and crucially, updated liability rules on apportioning fault between disparate enterprises enabling flawed AI. Beyond protecting patients and practitioners, enhanced governance can boost investor confidence in Ghana’s AI healthcare ecosystem. Ultimately astute reforms today can reinforce innovation gains tomorrow across a more ethical, accountable industry.
This work is licensed under a Creative Commons Attribution 4.0 International License.