Medical Liability in Artificial Intelligence-Assisted Diagnosis: Toward a Collective Legal Response Framework Muhammad Dawud Ashari (a*)
a) Faculty of Law, Social and Political Sciences, Universitas Terbuka
Gedung Fakultas III, Jalan Cabe Raya, Pondok Cabe, Pamulang, Tangerang Selatan 15437, Indonesia
*muhammad.dawudashari[at]gmail.com
Abstract
The increasing use of artificial intelligence-assisted diagnosis has exposed a structural gap in the allocation of medical liability because clinical decision-making occurred at the point of care, whereas the design, deployment, validation, monitoring, and correction of artificial intelligence systems were distributed across multiple actors. This study was conducted to address the lack of a comprehensive legal framework for assigning responsibility when harm resulted from artificial intelligence-assisted clinical decisions. A qualitative legal research design was employed using a PubMed scoping review, purposive legal review, comparative legal analysis, and framework development. Two PubMed exports yielded 481 records, after the removal of eight duplicates, 473 unique records remained, of which 310 were included in the analysis. The study also examined 27 legal sources, four jurisdictions, and 18 selected judicial, enforcement, and safety records. The findings showed that existing scholarship primarily emphasized governance and explainability, whereas institutional accountability, evidentiary responsibility, and compensation mechanisms remained insufficiently developed. Legal analysis further revealed fragmented liability where control, evidence, and corrective capacity were distributed among clinicians, healthcare institutions, developers, vendors, and regulators. Based on these findings, the Collective Legal Response Framework was developed to allocate legal responsibilities across preventive, operational, monitoring, corrective, and compensation phases. The study concluded that the framework provided a structured approach for analyzing medical artificial intelligence liability within existing legal systems and offered practical guidance for strengthening Indonesias emerging regulatory framework.
