The Medical Protection Society, which represents more than 300,000 doctors and healthcare professionals worldwide, argues that under current legislation doctors risk becoming a "liability sink"; the default target for negligence claims, even when harm originates from a flawed AI system they had little control over designing or understanding.
The MPS identifies the Consumer Protection Act 1987 as the core problem. Drafted for tangible physical goods, the Act does not readily accommodate software, meaning AI developers currently operate outside its liability provisions. This effectively shields them from responsibility while leaving clinicians exposed.
The MPS is urging the government to classify AI systems as products subject to strict liability, modelled on the EU's revised Product Liability Directive, which comes into force across member states in December 2026 and explicitly brings software and standalone AI within the product liability framework. Notably, Northern Ireland will automatically adopt the EU directive under the Windsor Framework, creating potential legal divergence within the UK itself.

The organisation argues that reform would deliver four concrete benefits: greater clinician confidence driving faster AI adoption; stronger incentives for developers to build safer systems; fairer attribution of liability across the AI supply chain; and protection for NHS finances and individual practitioners against claims arising from defective AI products.
Both the Medicines and Healthcare products Regulatory Agency and the Law Commission are currently reviewing aspects of AI regulation and product liability respectively, with the Law Commission's formal public consultation expected in the second half of 2026.


