Author : Sushmita Patra , Student of Sister Nivedita University ( Kolkata )
To the point
Artificial Intelligence (AI) is revolutionizing healthcare in India, enhancing the speed, accuracy, and personalization of medical services. In diagnostics, AI-based tools such as Qure.ai are assisting healthcare professionals in identifying diseases like tuberculosis, brain bleeds, and COVID-19-related complications through the analysis of X-rays and CT scans. These systems can evaluate thousands of images in seconds, minimizing human error and enabling early detection. For example, in 2021, AI technology was deployed in Maharashtra to screen TB cases in remote regions, allowing timely treatment even before conventional lab results were available.
AI is also advancing the customization of medical treatment through precision medicine, where a patient’s genetic profile, lifestyle, and medical history are analyzed to determine the most effective therapy. A case in point is Manipal Hospital, which employed IBM Watson to develop personalized cancer treatment plans. Additionally, wearable tech like smartwatches and fitness trackers are now commonly used to monitor vital signs and notify individuals or medical teams about potential health risks. During the COVID-19 outbreak, AI-enabled virtual assistants and chatbots provided essential support by helping users check symptoms and access appropriate care.
In surgery, AI-powered robotic systems are becoming increasingly common in specialties like neurology and orthopedics. These robots support surgeons in executing highly accurate movements, which helps reduce recovery time and the risk of complications. Outside the operating room, AI is also transforming the administrative functions of healthcare facilities. From processing insurance claims and managing hospital billing to preparing legal documents, AI is ensuring better compliance with healthcare regulations such as the Clinical Establishments (Registration and Regulation) Act, 2010, and standards set by the Medical Council of India.
Overall, AI is emerging as an indispensable tool in India’s healthcare sector, improving everything from diagnostics and personalized care to surgical precision and administrative efficiency.
Use of legal jargon
1. Maintaining the Standard of Care
Whenever AI is used to diagnose or treat a patient, it should perform at the same level as a skilled medical professional. For example, if an AI tool misreads an X-ray and leads to the wrong diagnosis, the hospital could be held responsible, just as it would be if a human doctor made that mistake. This falls under the Consumer Protection Act, 2019, which treats patients as consumers and hospitals as service providers.
2. Medical Negligence and Accountability
A major Supreme Court case, Jacob Mathew v. State of Punjab (2005), set the benchmark for medical negligence. It says a doctor is negligent if they act in a way that a reasonably skilled doctor wouldn’t. The same principle applies to AI. If a machine gives wrong advice because it wasn’t properly supervised, or if the software was poorly integrated into hospital systems, then not only the hospital but also the software developers could be held legally responsible.
3. Protecting Patient Data
AI tools often work with sensitive patient information—like medical history, lab reports, and prescriptions. Indian laws like the Information Technology Act, 2000, and the upcoming Digital Personal Data Protection Act, 2023, make it clear that this kind of personal data must be kept safe and used fairly. So, any AI system handling patient data must follow strict rules to protect that information from leaks or misuse.
4. Informed Consent and Patient Rights
Doctors are required to explain treatment options to patients and get their consent before starting any procedure. The same rule applies to AI. If a hospital is using AI in diagnosis or treatment, patients have the right to know about it. Being transparent helps patients make informed decisions and ensures their autonomy is respected. In simpler terms, no one should be treated by a machine without first being told that a machine is involved.
The proof
1. Doctor-to-Patient Ratio Remains Concerning (WHO, 2023)
As of 2023, India has approximately one doctor for every 1,511 individuals, which is well below the World Health Organization’s recommended ratio of 1:1000. This shortfall puts enormous pressure on the healthcare system, especially in rural and remote areas. AI tools help bridge this gap by offering rapid diagnostics and supporting frontline health workers in delivering timely care.
2. Government Think Tank Endorses AI in Healthcare (NITI Aayog, 2021)
A key policy paper by NITI Aayog, the Indian government’s strategic planning body, recognized the critical role AI can play in improving healthcare services. The 2021 report highlighted AI’s potential in enhancing primary healthcare, especially in resource-constrained settings, by enabling faster diagnosis, personalized treatment plans, and better disease monitoring.
3. Qure.ai: AI in Radiology Across Indian States
Qure.ai, an Indian startup, has developed AI-based tools that interpret chest X-rays and CT scans to detect conditions like tuberculosis and COVID-19. These tools are being used in over 20 Indian states, helping doctors identify health issues with more than 90% accuracy. This speeds up the diagnostic process and reduces the chances of missed or delayed treatments—particularly valuable in high-burden areas.
4. Niramai: Revolutionizing Breast Cancer Detection
Niramai, a Bengaluru-based company, uses thermal imaging combined with AI to screen for early-stage breast cancer. Unlike traditional mammograms, their method is radiation-free and non-invasive. This innovation has been approved for pilot projects in Karnataka and Tamil Nadu, aiming to make breast cancer screening more comfortable, affordable, and widely available—especially for women in underserved communities.
5. AI in Healthcare: A Growing Global Industry (2024 Forecast)
According to a recent global market study, the AI healthcare industry is projected to hit $188 billion by 2030. India is expected to be a major player in this growth due to its increasing investment in digital health infrastructure, tech-savvy population, and booming startup ecosystem focused on med-tech solutions.
Abstract
Artificial Intelligence (AI) is revolutionizing the healthcare sector by making it easier for doctors to diagnose illnesses, speeding up treatments, and lightening the load on medical staff. This is especially helpful in India, where there aren’t enough doctors to go around. AI tools are starting to fill that gap by offering solutions that are both scalable and efficient.
India’s healthcare system is currently navigating a range of serious issues — from unequal access to treatment and overcrowded hospitals to a shortage of specialist doctors and a lack of proper medical facilities, especially in rural areas. Though artificial intelligence (AI) may not be a cure-all, it offers promising support in improving and optimizing healthcare delivery.
Across the globe, companies are tapping into AI’s potential to transform healthcare. like IBM (through its Watson platform) and Google (via DeepMind) are leading the charge, while Indian innovators such as Niramai and Qure.ai are developing homegrown AI solutions to meet local healthcare needs.
At its core, AI in healthcare is about using advanced algorithms and machine learning to analyze complex medical data. It’s not meant to take over a doctor’s role, but rather to act as a reliable assistant—helping healthcare professionals make quicker, more accurate decisions for better patient care.
Case laws
1. V. Kishan Rao v. Nikhil Super Speciality Hospital (2010)
In this case, the Supreme Court said that when there’s clear evidence of negligence, expert opinion isn’t always necessary. This is important in the context of AI because if a machine makes an error due to poor input or wrong usage, it might be easier for patients to prove negligence—even without a medical expert testifying. Since AI systems often leave digital footprints, expectations for accurate documentation and proper handling become even higher.
2. Dr. Suresh Gupta v. Govt. of NCT of Delhi (2004)
The court ruled that medical professionals can only face criminal punishment when their mistake is serious enough to be called reckless or grossly negligent. This sets a strong standard: If a hospital uses an AI tool without proper supervision or training and a patient is harmed, the hospital—or even the developers—”might be held liable if the negligence is proven to be extreme. It warns that AI should support medical decisions, not replace medical judgment without human oversight”.
Conclusion
AI is becoming a helpful partner in healthcare, not a replacement for doctors. In India, where many people still don’t get proper medical care, AI can speed up diagnosis, suggest treatments, and reduce pressure on hospitals.
However, Hospitals and software makers need to make sure these tools are safe, accurate, and used with proper human supervision. Patients also have a right to know if AI is being used in their treatment. In short, AI can greatly improve healthcare in India, but it must be used responsibly—with safety, honesty, and the patient’s well-being as the top priority.
FAQs
Q1. Can AI replace doctors in India?
– No. AI is designed to assist, not replace. It supports decision-making and reduces diagnostic errors, but final judgment always rests with human professionals.
Q2. Is it legal to use AI for diagnosis without a doctor’s involvement?
– No. According to Indian medical ethics and current legal standards, AI must be used under the supervision of a licensed medical practitioner.
Q3. What are some Indian AI startups in healthcare?
– Niramai (breast cancer detection), Qure.ai (radiology AI), and SigTuple (pathology automation) are major players.
Q4. How does AI help in rural healthcare?
– AI tools can remotely analyze scans, predict outbreaks, and assist overburdened doctors in rural clinics where specialists are unavailable.
Q5. What legal risks are associated with AI in healthcare?
– Risks include misdiagnosis, data breaches, and privacy violations. Liability may fall on hospitals, developers, or doctors depending on the case.
Q6. How is patient consent managed when using AI?
– Patients must be informed if AI tools are being used in their care. Consent must be obtained as part of ethical medical practice.
