High Performance Medicine: Involving Artificial Intelligence Models in Enhancing Medical Laws and Medical Negligence Matters A Case Study of Act, 2009 (Act 792) in Ghana

Abstract

This paper examines Ghana's Interpretation Act, 2009 for applicability in AI medical negligence cases. Doctrinal analysis focuses on causation and liability apportionment provisions. Findings reveal opacity and distributed responsibility issues in attributing algorithm harm via "but-for" and related tests. However, contributory liability and proportionality stipulations provide means for an equitable remedy. Recommendations include codifying AI accountability through updated laws and jurisprudence, plus transparency requirements for medical AI approvals. Ensuring current law dynamically governs emerging technologies remains vital for public welfare. The analysis aims to spur policy adaptations, balancing innovation with adequate causation tests and flexible liability rules for AI medical harms.