Understanding Liability Risk from Using Health Care Artificial Intelligence Tools
Abstract
When use of artificial intelligence (AI) in health care contributes to patient injury, who will be held responsible? Currently, considerable uncertainty surrounds this issue, potentially chilling AI adoption. To help health care organizations and physicians weigh AI-related liability risk against the benefits of adoption, we examine the issues that courts have grappled with in cases involving software error and what makes them so challenging. Because the signals emerging from case law remain somewhat faint, we conducted further analysis of the aspects of AI tools that elevate or mitigate legal risk. Drawing on both analyses, we provide risk-management recommendations.