Assessing the Role of AI as Expert Witnesses in Medical Negligence Cases Under Ghana's Evidence Act 1975

Artificial intelligence (AI) is transforming healthcare by achieving diagnostic and analytical performance that rivals or exceeds human medical experts in fields such as radiology, dermatology, and ophthalmology. Machine learning algorithms can analyze complex medical images, patient records, and biomarker data with high accuracy, efficiency, and consistency, offering potential solutions to critical healthcare access gaps. In Ghana, where the shortage of medical specialists is acute—particularly in rural areas with fewer than one radiologist per million people—AI-driven tools present opportunities to enhance general practice, improve patient outcomes, and expand access to essential medical services. This paper examines the legal and evidentiary challenges of integrating AI systems as expert witnesses in medical negligence litigation under Ghana’s Evidence Act 1975. While AI can provide reliable and precise analyses, questions arise regarding its admissibility in court, accountability, and alignment with existing legal frameworks designed around human expertise. Balancing innovation with ethical, liability, and transparency concerns is critical, as overly restrictive standards may hinder the adoption of AI solutions that could address systemic healthcare shortages. The study highlights the need for evidence-based policies that recognize AI’s potential while ensuring public protection, transparency, and legal compliance. It underscores the importance of updating legal and regulatory approaches to accommodate technological advancements, support judicial understanding of AI-generated evidence, and safeguard patient rights. By critically evaluating the admissibility and implications of AI as expert witnesses, this research contributes to ongoing discourse on harmonizing technology, healthcare delivery, and legal accountability in Ghana.