How Can Using Artificial Intelligence Affect Your Liability?

October 29, 2019

Use of artificial intelligence (AI) algorithms in medicine is expanding at a dizzying rate. The allure of these tools is strong, but before using them to support clinical decision-making – or even drive care improvement efforts – physicians and institutions must understand their liability in the event something goes wrong. Unfortunately, the law moves much slower than the pace of technological innovation, leaving many open questions about how the courts will view decisions made with input from AI.

A new analysis published in JAMA offers some clues, and is a must-read for anyone considering the addition of AI to their clinical decision-making toolbox. The authors point out that tort law is inherently conservative, and following existing standards of care is typically the safest bet. But legal standards of care may shift over time, and eventually AI itself could even become part of the standard of care, making it all the more important for physicians to stay informed on these critical issues.

ISMIE is committed to helping our policyholders stay ahead of the curve! Check out our new on-demand course on AI, as the latest addition to our extensive library of risk management resources. For more information, contact our risk management team by email or by phone at 800-782-4767 ext. 3300.

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