The integration of virtual reality (VR) and artificial intelligence (AI) technologies has triggered a revolutionary change across many industries, with healthcare being no exception. Along with promising advancements, the incorporation of these technologies presents a number of unique medicolegal questions.

AI and VR are emerging as useful tools across various aspects of healthcare delivery, ranging from training, therapy and diagnostics to administrative tasks and patient care, ultimately enhancing the efficiency of healthcare services by freeing up valuable time for healthcare professionals to focus on their clinical expertise. For instance, AI algorithms are being tested for use in the analysis and interpretation of medical imaging to assist in the detection of abnormalities, though it should be noted that these have had variable results. Additionally, the use of predictive analysis can assist in demonstrating the impact of policy interventions or events on the healthcare system. Virtual assistants can be helpful in enhancing patient engagement, providing information and offering support to patients. VR technology is also now considered to be a useful tool in medical education and training. VR simulations enable medical students and healthcare professionals to gain effectively risk-free, hands-on, immersive and interactive experience experimenting with different procedures in a safe environment. In addition, VR-based therapies have demonstrated promising results in the treatment of a number of mental health conditions such as PTSD and phobias.

While the incorporation of these technologies holds promise for progressing healthcare services, concerns arise from a medicolegal perspective. One concern revolves around the accountability and liability associated with diagnosis and treatment recommendations that may have been reached with the assistance of AI.  Ultimately, it’s unlikely that we will reach a point where full responsibility for the diagnosing of patients and formation of treatment plans will be handed over to AI; however, where the lines of responsibility have been blurred, determining accountability could become a difficult task where a combined approach has been taken.

The use of AI in healthcare also raises questions in relation to the standard of care to be applied. The test for negligence in Scotland is essentially whether the clinician in question has fallen below the standard expected of an ordinarily competent clinician exercising ordinary skill and care in those circumstances. How, then, could this be applied to what is essentially a robot? After all, we have all, at one point or another, experienced a technical glitch of some kind and so diagnosis with the use of AI is surely not going to be watertight.

In reality, the buck is always likely to stop with the treating clinician, whether or not they have employed the use of AI or VR, and so it will be important that safeguards are put in place to protect both patients and clinicians.

Another consideration is the interaction between AI and patient data, from a data protection perspective. Healthcare providers will have to ensure they employ robust security measures to safeguard private patient information from unauthorised access.

One of the challenges faced by the healthcare profession in this area is the obtaining of informed consent, which has been a hot topic in recent years in any event. Clinicians will need to ensure that their patients fully comprehend the nature, risks and potential benefits of such technologies.

It will be important that clear guidelines and standards are in place to govern the use of AI and VR in healthcare. Interdisciplinary collaboration between healthcare regulators, technology developers and legal experts will be required to navigate this new ground and ensure that they are integrated in a responsible and safe manner.

Whilst these technologies represent an exciting opportunity to streamline operations and drive innovation in healthcare practices in Scotland, addressing the associated medicolegal implications is paramount to ensuring patient safety, privacy and ethical practice.