A CURRENT REGIME OF UNCERTAINTY: IMPROVING ASSESSMENTS OF LIABILITY FOR DAMAGES CAUSED BY ARTIFICIAL INTELLIGENCE
Abstract: The use of artificial intelligence (AI) within the healthcare
industry, especially within the practice of telehealth or
telemedicine, is quickly gaining momentum. Courts, however, face
great difficulty in addressing the question of liability as it pertains
to such use of AI, specifically due to the inconsistency in the
distinction between medical device and medical procedure and the
inconsistency in the application of different standards of care and
preemption conditions to AI. Courts should adopt a new guiding
principle and frame the question of liability as it pertains to the use
of AI within the healthcare industry as one of either medical
malpractice or product liability, specifically accounting for the
extent to which AI dictates the course of the healthcare provided to
patients.
Author: Mousa Alshanteer
PDF: //ncjolt.org/wp-content/uploads/sites/4/2020/04/Alshanteer_Final.pdf
Volume: Volume 21, Issue 4