A recent commentary in the Journal of the Royal Society of Medicine highlights significant shortcomings in the current risk-based regulatory frameworks governing the use of Artificial Intelligence (AI) in healthcare. The article expresses concerns that these approaches may not adequately safeguard patients, potentially resulting in both over-treatment and under-treatment, as well as introducing bias against certain patient demographics.
The authors note that while AI and machine learning can improve the precision of clinical decision-making, serious doubts persist regarding their reliability, transparency, and susceptibility to bias. These issues, they argue, are insufficiently addressed by the European Union’s AI Act, which was enacted in 2025 and categorizes medical AI as "high risk," imposing stringent regulations on its developers and deployers.
According to the authors, the existing risk-centric regulatory model fails to consider three pivotal aspects: individual patient preferences, the broader systemic impacts of AI deployment, and the marginalization of patient voices within the regulatory framework.
Patients have diverse perspectives on what constitutes acceptable accuracy, bias, and the integration of AI in their healthcare. Therefore, regulations should transcend merely ensuring system-wide safety and also empower individual rights and engagement in the decision-making process. Professor Thomas Ploug, the lead author and a specialist in Data and AI Ethics at Aalborg University in Denmark, emphasizes the importance of recognizing these variations in patient values.
The commentary advocates for specific rights for patients regarding AI-assisted diagnosis and treatment, including the ability to:
- Request explanations of AI-driven outcomes, - Provide or revoke consent, - Obtain second opinions, and - Decline diagnoses or screenings based on non-consensual data.
The authors caution that without proactive involvement from various healthcare stakeholders—such as clinicians, regulators, and patient advocacy groups—these essential rights may be neglected amid the swift advancement of AI technologies in healthcare.
"AI is revolutionizing the healthcare landscape, but that transformation should not compromise patient independence and trust," Professor Ploug asserts. "We must now articulate the rights that will safeguard and empower individuals within an AI-infused healthcare environment."
This vital discussion on patient rights in the realm of AI-driven healthcare emphasizes that relying solely on risk-based regulatory measures is inadequate.



