IIARD International Institute of Academic Research and Development

JOURNAL OF LAW AND GLOBAL POLICY (JLGP )

E-ISSN 2579-051X
P-ISSN 2695-2424
VOL. 9 NO. 1 2024
DOI: doi.org/10.56201/jlgp.v9.no1.2024.pg1.10

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Assessing If Ghana's Evidence Act 1975 (NRCD 323) can enable the Admissibility of Artificial Intelligence Systems as Expert Witnesses in Medical Negligence Lawsuits

George Benneh Mensah Felix Nyante, Ebenezer Aboagye Akuffo, Alfred Addy

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Abstract

This paper examines the admissibility of increasingly capable AI systems as expert medical witnesses under Ghana’s Evidence Act of 1975. With advanced algorithms matching or exceeding human diagnostic accuracy for certain tests, the ability for AI to testify on standards of care in malpractice lawsuits holds tremendous access implications for low-resourced healthcare systems. Yet outdated statutes assume only traditional physician experts. Structured legal analysis methodologies review the Act’s qualification rules, case law precedents and procedural transparency requirements to determine reforms needed accommodating machine learning’s opportunities and risks. Findings reveal gaps preventing AI serving as fully independent experts, particularly around cross-examining non-human systems. But proposed mechanisms facilitating explanatory user testimony and limited AI legal personhood could enable reliance. Contributions include advancing underrepresented African nations’ inclusion within AI ethics discourse while driving actionable policy progress balancing innovation incentives against accountability duties. Practical reforms bridging legal-technological healthcare divides spur responsible development

keywords:

Expert Testimony, Medical Malpractice, Evidence Law, Artificial Intelligence, Legal Personhood

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