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- Title
Artificial Intelligence and Liability in Medicine: Balancing Safety and Innovation.
- Authors
MALIHA, GEORGE; GERKE, SARA; COHEN, I. GLENN; PARIKH, RAVI B.
- Abstract
Policy PointsWith increasing integration of artificial intelligence and machine learning in medicine, there are concerns that algorithm inaccuracy could lead to patient injury and medical liability.While prior work has focused on medical malpractice, the artificial intelligence ecosystem consists of multiple stakeholders beyond clinicians. Current liability frameworks are inadequate to encourage both safe clinical implementation and disruptive innovation of artificial intelligence.Several policy options could ensure a more balanced liability system, including altering the standard of care, insurance, indemnification, special/no‐fault adjudication systems, and regulation. Such liability frameworks could facilitate safe and expedient implementation of artificial intelligence and machine learning in clinical care.
- Subjects
ARTIFICIAL intelligence laws; COMPUTER software; PRODUCT liability; ARTIFICIAL intelligence; LEGAL liability; MACHINE learning; MEDICAL care; PATIENTS; HEALTH insurance reimbursement; MALPRACTICE; DECISION making; NEGLIGENCE; GOVERNMENT agencies; PHYSICIANS; PATIENT safety; ALGORITHMS; INDUSTRIAL relations; DIFFUSION of innovations
- Publication
Milbank Quarterly, 2021, Vol 99, Issue 3, p629
- ISSN
0887-378X
- Publication type
Article
- DOI
10.1111/1468-0009.12504