AI is taking the world by a storm, and the healthcare system is no exception. As AI becomes more prevalent within the healthcare sector, it raises the question of who would be liable in the case of medical malpractice where AI has been used.
The emergence of AI in healthcare
AI offers up a useful solution and provides various opportunities within healthcare. Being able to automate some of the processes usually conducted by medical professionals allows for their time to be spent elsewhere.
AI can also assist with making better, quicker decisions using problem-solving techniques not possible using human intelligence alone.
It is thought that this will help to improve both the cost of care and patient outcomes due to increased speed and quality. There are reservations when using AI within healthcare.
As it is dealing with people’s health, there needs to be a comprehensive understanding of why decisions are being made. This means that AI needs to be both trusted and scrutinised.
Examples of AI in healthcare
AI is currently being used in a variety of ways within the healthcare field, including the following:
Diagnosis –
This is a very promising area of medical AI. Thousands of people are hospitalised on an annual basis for issues that could have been prevented.
This is often a result of incomplete medical records and intense caseloads which impact human error. AI has shown the ability to both predict and diagnose diseases at a faster rate than many medical professionals.
Patient experience –
Efficiency is everything in healthcare, with medical professionals wanting to provide patients with the most seamless experience possible whether they are going for a 10-minute appointment to a month-long hospital stay. AI can help to improve this.
Medication –
There are significant development costs and research hours associated with medication. AI is now being used in order to speed up the process of bringing a new drug to market.
Data management –
A very significant area within the healthcare sector is the management of high amounts of confidential data. AI can be used to better manage this data, forecast trends, and connect data that is crucial for the development of new drugs.
Will AI be liable for medical malpractice?
As a result of medical malpractice or neglect, medical negligence claims can be made. Despite its benefits, many medical professionals are not trained in integrating new AI technologies into their practices.
As a result, using AI can still result in medical errors and leave malpractice liability cases.
Since this technology is still relatively new within healthcare, there are currently not sufficient liability frameworks, meaning there is still some confusion and overlap over liability for malpractice.
This means that both medical professionals and algorithm designers may both come under scrutiny.
It is expected that a more thorough and clear liability system will be developed in line with increased AI usage.
