The rapid integration of artificial intelligence (AI) and robotics into healthcare promises significant advancements in diagnostic accuracy and therapeutic effectiveness, however, it simultaneously poses substantial challenges to established medical malpractice frameworks.
This article was originally published in the Lexis Nexis Health Law Bulletin Volume 34 No 3.
Introduction
In recent years, Australia has seen a rapid uptake of AI across many areas of healthcare. In response to the growing integration of AI in clinical settings, the Australian Government released its 2025 Final Report on Safe and Responsible AI in Health Care,1 acknowledging that existing legislation is not fully equipped to manage the risks posed by AI in high-stakes clinical environments.2 The report calls for national policy leadership, tailored regulatory frameworks and mandatory guardrails for high-risk AI applications.3 It also emphasises the need for clear accountability structures, particularly in
