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First AI clinical negligence claims lodged

The NHS has received its first clinical negligence claims related to the use of artificial intelligence, HSJ can reveal.

NHS Resolution, which handles compensation claims brought against NHS trusts, yesterday confirmed it had received a “small volume of claims” in which “the use of AI in delivering patient care is a potential factor”.

It is the first time AI has been cited as a factor in patient harm in the UK.

HSJ earlier this year revealed the General Medical Council had received its first referrals over doctors misusing the technology.

NHS Resolution, an arm’s-length body of the Department of Health and Social Care which handles billions of pounds worth of compensation payments each year, would not give any details about the claims.

A spokesperson said: “Given the small volume of claims, we’re unable to discuss these due to the risk of identification of individuals.”

However, in guidance this morning the organisation said there were three likely categories for AI negligence claims: clinicians inappropriately relying on the AI and not applying their own judgement, using an AI for which a clinician is not trained, and ignoring the “known limitations/performance concerns” of an AI system.

The submission of the first claims does not necessarily mean patient harm occurred, or that AI is the main cause.

Read full story (paywalled)

Source: HSJ, 11 September 2026

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