Artificial intelligence is transforming the world around us, and the healthcare industry is no exception. As a result, health care entities are testing and implementing AI programs in an effort to improve patient care. While the potential benefits of AI on healthcare are apparent, there has been little discussion (or case law) on the impact AI will have on medical malpractice liability. Most notably, who is responsible when a patient is injured?
Imagine a patient receives a routine CT scan, which reveals a small lung nodule. AI labels the nodule as “potentially suspicious.” Under the circumstances, the risk of metastasis is less than .5%. The patient is strongly opposed to treatment. Should the doctor automatically recommend treatment because the AI software labeled the nodule as “potentially suspicious”? If the doctor does not recommend treatment, and the nodule turns cancerous, could he be at fault?
We do not have answers to these questions, and no case law has established a precedent. But moving forward, health care entities may want to consider how liability could shift when intertwining AI with healthcare.
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