The ethics and law of medical AI in South Africa: Balancing innovation with responsibility

Abstract

The rapid integration of artificial intelligence (AI) into medical practice presents both transformative opportunities and profound ethical and legal challenges. In South Africa, a country with a dual healthcare system and significant disparities in access to medical services, AI holds the promise of revolutionising healthcare delivery by enhancing diagnostic accuracy, improving patient outcomes, and mitigating resource constraints. However, the deployment of medical AI also raises critical ethical concerns regarding patient autonomy, informed consent, data protection, and accountability. From a legal standpoint, South Africa must navigate a complex regulatory terrain to ensure that AI aligns with constitutional rights and statutory obligations while fostering innovation. This article explores the legal and ethical dimensions of medical AI in South Africa, arguing for a balanced approach that encourages technological advancement without compromising fundamental principles of medical ethics and patient rights.

Keywords

• medical AI
• health law
• informed consent
• AI regulation
• access to health