AI and professional liability assessment in healthcare. A revolution in legal medicine?

Terranova, Claudio; Cestonaro, Clara; Fava, Ludovico; Cinquetti, Alessandro

doi:10.3389/fmed.2023.1337335

Cited by 12 publications

(2 citation statements)

References 75 publications

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“…Even in cases when no harm results, conducting any medical procedure without obtaining formal consent is unlawful and unethical [ 52 ].…”

Section: Discussionmentioning

confidence: 99%

Liability of Health Professionals Using Sensors, Telemedicine and Artificial Intelligence for Remote Healthcare

Geny,

Andres,

Talha

et al. 2024

Sensors

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In the last few decades, there has been an ongoing transformation of our healthcare system with larger use of sensors for remote care and artificial intelligence (AI) tools. In particular, sensors improved by new algorithms with learning capabilities have proven their value for better patient care. Sensors and AI systems are no longer only non-autonomous devices such as the ones used in radiology or surgical robots; there are novel tools with a certain degree of autonomy aiming to largely modulate the medical decision. Thus, there will be situations in which the doctor is the one making the decision and has the final say and other cases in which the doctor might only apply the decision presented by the autonomous device. As those are two hugely different situations, they should not be treated the same way, and different liability rules should apply. Despite a real interest in the promise of sensors and AI in medicine, doctors and patients are reluctant to use it. One important reason is a lack clear definition of liability. Nobody wants to be at fault, or even prosecuted, because they followed the advice from an AI system, notably when it has not been perfectly adapted to a specific patient. Fears are present even with simple sensors and AI use, such as during telemedicine visits based on very useful, clinically pertinent sensors; with the risk of missing an important parameter; and, of course, when AI appears “intelligent”, potentially replacing the doctors’ judgment. This paper aims to provide an overview of the liability of the health professional in the context of the use of sensors and AI tools in remote healthcare, analyzing four regimes: the contract-based approach, the approach based on breach of duty to inform, the fault-based approach, and the approach related to the good itself. We will also discuss future challenges and opportunities in the promising domain of sensors and AI use in medicine.

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“…Even in cases when no harm results, conducting any medical procedure without obtaining formal consent is unlawful and unethical [ 52 ].…”

Section: Discussionmentioning

confidence: 99%

Liability of Health Professionals Using Sensors, Telemedicine and Artificial Intelligence for Remote Healthcare

Geny,

Andres,

Talha

et al. 2024

Sensors

View full text Add to dashboard Cite

show abstract

“…The decisions about the well-being of human beings rest with human beings. Legal scholars and experts in tort law have voiced concern that while AI may, in fact, streamline many liability concerns, it may also produce a new array of experts to evaluate the impact of integrative AI in the care of an individual patient [115]. Many experts believe that mistakes are inevitable and that, while the use of AI may help reduce errors, it may also permit large increases in volume and, thus, greater denominators for assessing risks.…”

Section: Ai and Proximate Causalitymentioning

confidence: 99%

Artificial Intelligence and Healthcare Simulation: The Shifting Landscape of Medical Education

Hamilton

2024

Cureus

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The impact of artificial intelligence (AI) will be felt not only in the arena of patient care and deliverable therapies but will also be uniquely disruptive in medical education and healthcare simulation (HCS), in particular. As HCS is intertwined with computer technology, it offers opportunities for rapid scalability with AI and, therefore, will be the most practical place to test new AI applications. This will ensure the acquisition of AI literacy for graduates from the country's various healthcare professional schools. Artificial intelligence has proven to be a useful adjunct in developing interprofessional education and team and leadership skills assessments. Outcome-driven medical simulation has been extensively used to train students in imagecentric disciplines such as radiology, ultrasound, echocardiography, and pathology. Allowing students and trainees in healthcare to first apply diagnostic decision support systems (DDSS) under simulated conditions leads to improved diagnostic accuracy, enhanced communication with patients, safer triage decisions, and improved outcomes from rapid response teams. However, the issue of bias, hallucinations, and the uncertainty of emergent properties may undermine the faith of healthcare professionals as they see AI systems deployed in the clinical setting and participating in diagnostic judgments. Also, the demands of ensuring AI literacy in our healthcare professional curricula will place burdens on simulation assets and faculty to adapt to a rapidly changing technological landscape. Nevertheless, the introduction of AI will place increased emphasis on virtual reality platforms, thereby improving the availability of self-directed learning and making it available 24/7, along with uniquely personalized evaluations and customized coaching. Yet, caution must be exercised concerning AI, especially as society's earlier, delayed, and muted responses to the inherent dangers of social media raise serious questions about whether the American government and its citizenry can anticipate the security and privacy guardrails that need to be in place to protect our healthcare practitioners, medical students, and patients.

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“The Role of AI Applications in the Advertising and Design in Social Media Marketing: A Stride in the Direction of Marketing Sustainability”

AL-Abrrow,

Atshan,

Jaboob

2024

Lecture Notes in Networks and Systems

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AI and professional liability assessment in healthcare. A revolution in legal medicine?

Cited by 12 publications

References 75 publications

Liability of Health Professionals Using Sensors, Telemedicine and Artificial Intelligence for Remote Healthcare

Liability of Health Professionals Using Sensors, Telemedicine and Artificial Intelligence for Remote Healthcare

Artificial Intelligence and Healthcare Simulation: The Shifting Landscape of Medical Education

“The Role of AI Applications in the Advertising and Design in Social Media Marketing: A Stride in the Direction of Marketing Sustainability”

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