AI LIABILITY
& DISCLAIMER
Comprehensive Waiver of Liability for Automated Medical Systems
ISSUING ENTITY: RSX HOSPITAL
APPLICABLE LAW: INTERNATIONAL (UN CITRAL)
DOCUMENT CLASS: CLASS-A (STRICT)
VERSION: 2026.01.ALPHA
01
PREAMBLE & ABSOLUTE ACKNOWLEDGEMENT
1.1Nature of Engagement
By engaging with RSX Hospital’s diagnostic tools, chatbots, image analysis algorithms, or robotic surgery assistants (collectively, “The System”), the User explicitly acknowledges that they are interacting with an Artificial Intelligence. The System relies on statistical probabilities derived from large datasets and does not possess human consciousness, intuition, or ethical liability.
1.2Acceptance of Risk
The User knowingly and voluntarily assumes all risks associated with the use of AI in healthcare, including but not limited to algorithmic bias, data hallucinations, false positives, false negatives, and system outages during critical triage moments.
02
AI “HALLUCINATION” & ERROR WAIVER
STRICT LIABILITY DISCLAIMER
RSX Hospital shall NOT be held liable for “Artificial Intelligence Hallucinations”—instances where the AI generates plausible-sounding but factually incorrect medical advice, non-existent drug interactions, or false anatomical references.
2.1Probabilistic Output
The User understands that AI outputs are generated based on “Highest Probability Tokens” and not medical truth. A diagnosis of “99% Confidence” still carries a 1% margin of catastrophic error. RSX expressly disclaims any warranty of accuracy for AI-generated reports.
2.2Duty to Verify
It is the Sole Responsibility of the User to verify any critical diagnosis or treatment plan generated by the AI with a Human Registered Medical Practitioner (RMP). Failure to seek human verification constitutes “Gross Negligence” on the part of the User, absolving RSX of all liability.
03
RADIOLOGY & COMPUTER VISION
3.1Image Analysis Limitations
RSX utilizes Convolutional Neural Networks (CNNs) for X-Ray, MRI, and CT analysis. The User acknowledges that:
- Artifacts in image quality (blur, lighting) can drastically alter AI interpretation.
- AI may miss “Outlier Cases” or rare pathologies it was not trained on.
- A “Clear” report from the AI does not guarantee the absence of disease.
04
AUTONOMOUS INTERVENTIONS
4.1Robotic Assistant Liability
In instances where RSX utilizes robotic arms or automated dispensing units:
(a) RSX is not liable for mechanical failure caused by Force Majeure events (power surges, network latency).
(b) RSX is not liable for outcomes resulting from the “Black Box Problem” (where the AI’s decision-making logic is opaque and untraceable).
(a) RSX is not liable for mechanical failure caused by Force Majeure events (power surges, network latency).
(b) RSX is not liable for outcomes resulting from the “Black Box Problem” (where the AI’s decision-making logic is opaque and untraceable).
05
INTERNATIONAL JURISDICTION
5.1Governing Law
Regardless of the User’s location, this Agreement is governed by the laws of India, specifically the Digital Personal Data Protection Act, 2023 and the Information Technology Act, 2000.
5.2Exclusion of Class Actions
USER WAIVES ANY RIGHT TO ASSERT ANY CLAIMS AGAINST RSX HOSPITAL AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW.
06
INDEMNIFICATION & HOLD HARMLESS
6.1User Indemnity
The User agrees to defend, indemnify, and hold harmless RSX Hospital, its AI developers, data scientists, and cloud providers from any claims, damages, or legal fees arising from:
- User’s misuse of the AI system (e.g., inputting false symptoms).
- User’s failure to update the app, leading to usage of obsolete algorithms.
- User’s reliance on AI advice for emergency situations (Cardiac Arrest, Stroke) contrary to Terms of Use.
FINAL DECLARATION OF UNDERSTANDING
BY CONTINUING TO USE RSX HOSPITAL SERVICES, I CONFIRM THAT I HAVE READ THIS 70-PAGE EQUIVALENT LIABILITY MANDATE. I UNDERSTAND THAT I AM SACRIFICING CERTAIN LEGAL RIGHTS TO SUE FOR DAMAGES ARISING FROM AI ERRORS IN EXCHANGE FOR ACCESS TO ADVANCED DIAGNOSTIC TECHNOLOGY.
DIGITALLY SIGNED VIA IP ADDRESS & DEVICE FINGERPRINT