As the use of medical artificial intelligence becomes more prevalent in healthcare settings, the issue of liability for errors made by AI systems is becoming a significant concern. Typically, medical malpractice law covers instances where patients are harmed due to a healthcare provider’s negligence or wrongdoing. On the other hand, product liability law would apply if a flawed medical device caused harm to a patient. However, when AI software is involved in patient care and makes a mistake, it’s not always clear who should be held responsible.
There have already been lawsuits arising from errors made by AI in healthcare settings. Physicians might argue that liability should rest with the AI companies, while technology companies might claim that the physicians are ultimately responsible for the decisions made based on AI recommendations. Furthermore, as the standard of care evolves with the increasing use of AI in medicine, physicians who choose not to use AI could potentially be accused of delivering substandard care, creating conflicting legal incentives.
One proposed solution is the implementation of a “no fault” indemnity system for AI-related medical injuries, similar to the National Vaccine Injury Compensation Program. This system would protect both physicians and technology companies from high-risk financial penalties while ensuring compensation for qualified plaintiffs more efficiently. Another suggestion is to consider AI as a legal “person” for liability purposes, requiring the AI to be insured similar to how physicians have malpractice insurance.
Currently, these legal issues surrounding AI liability remain unresolved. The US Congress is considering ways to clarify liability issues for both physicians and technology companies, which is a promising sign. Despite the challenges and uncertainties, the benefits of medical AI for patient care are undeniable. AI has the potential to revolutionize healthcare by predicting diseases, detecting conditions early, and improving patient outcomes. It is crucial for policymakers and legislators to find a balance between encouraging innovation and ensuring legal recourse for individuals harmed by faulty medical AI.
