Kennedys’ global report: healthtech’s impact on legal obligations

Kennedys’ medical malpractice specialists across the globe have assessed the impact of healthtech on the legal sector in their latest report.  They have also explored cyber and data privacy risks for the healthcare sector globally. Kennedys stresses that the COVID-19 pandemic sped up the adoption of technological developments in healthcare. The report highlights the impacts of healthtech in various countries. Focusing on England, Kennedy’s presents many findings.

Modern healthcare operates on the premise that treatment involves a shared decision-making process between a doctor and a patient. Nowadays, this is more influenced by technology. The UK’s current legal framework provides a base for healthtech developments, but it requires modification as healthcare technology evolves. Legal liability considerations will need adjusting. This is mainly in areas such as genetic profiling, remote care delivery, artificial intelligence, wearable technology, and robotic-assisted surgery.

For the foreseeable future, clinicians are likely to continue making clinical decisions alongside healthtech. The courts will, with time, likely address the issues surrounding duty of care for clinicians using healthtech.

The complicated causation chain in healthtech makes it hard to identify the cause of patient harm. The legal framework, encompassing tortious, statutory, and contractual routes, may need to be adapted to make patient redress smoother in cases that have multiple defendants.

As AI plays a larger role in patient care, clinicians may face increased duties of care with the supply and operation of medical devices. Determining responsibility between healthtech manufacturers, software developers, and healthcare providers is a challenge that the legal system needs to address for patient safety.

Healthcare regulators, including the Care Quality Commission and NHS Digital are likely to play big roles as healthtech use develops. Recommendations for reducing the risks of technological developments include increased training for healthcare staff, contractual negotiations, investment in IT, and appropriate regulation and accreditation for emerging healthtech applications.

The speedy adoption of digital healthcare technology during the pandemic emphasises the ongoing need for evaluating patient safety. Maintaining a balance between protecting healthcare providers from risk and ensuring patient rights remains essential. An adaptable legal framework is necessary for fostering the growth of healthtech while prioritising patient well-being.

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Emma Cockings Emma is a content editor for Claims Media. Emma is a experienced writer with a background in client-centric personal injury for a major firm. She has attended and reported on multiple brokerage events throughout her career.