How AI is used in the NHS
The NHS AI Lab, established by NHS England and NHSX, has overseen deployment of AI tools for chest X-ray analysis (detecting tuberculosis, pneumonia, and lung cancer), diabetic retinopathy screening, deterioration prediction in critical care, and administrative tasks including appointment management and clinical coding. Most patients encountering these systems will not be explicitly told that AI is involved — the NHS consent and transparency frameworks for AI are still developing, and practice varies between trusts.
Your data rights in NHS AI
UK GDPR applies fully to NHS processing of patient data, including when that data is used in AI systems. Your key rights are: the right of access (to receive all personal data held about you by a trust, including data used in AI-assisted decisions); the right to explanation (where a solely automated system makes a decision with significant effects on your health, you can request information about the logic involved and human review); and the right to object (to processing of your personal data for purposes beyond direct care).
Clinical negligence and AI
If an AI-assisted diagnosis or treatment recommendation causes you harm, clinical negligence law applies in the same way as for human errors. The NHS Resolution Scheme handles NHS clinical negligence claims including those with an AI component. The legal test remains whether clinical care fell below the standard of a reasonably competent practitioner — courts are now grappling with how to assess this when AI tools contributed to clinical decisions. Medical defence organisations and specialist clinical negligence solicitors are developing expertise in AI-related cases.
How to raise concerns
The NHS Constitution gives patients the right to have any complaint addressed through the NHS complaints procedure. You can: raise concerns with the Patient Advice and Liaison Service (PALS) at the trust; make a formal complaint to the trust's complaints team; contact the Parliamentary and Health Service Ombudsman if the trust's response is unsatisfactory; or report concerns about unsafe AI medical devices to the MHRA's Yellow Card scheme. For data protection concerns, file a complaint with the ICO at ico.org.uk.
