Who's Liable for AI Misuse in HealthCare?

Nov. 3, 2022

Patients and practitioners alike have felt the benefits from the growing use of artificial intelligence (AI) in health care settings—from improved diagnostic precision, to lowered physicians’ patient loads. Regardless, the misuse of such AI involves significant liability implications at many different levels.

In his article, Samuel Hodge notes that the use of such AI complicates current malpractice standards. Since the court may view and interact with AI in different ways—such as by considering AI as information or a medical device—it can become difficult to determine whether the programmer, the manufacturer, the physician or the employer is liable.

As legislation often lags behind technological advancements, Hodge notes it will likely be years before the court catches up with the most appropriate theories of liability.