Are Current Tort Liability Doctrines Adequate for Addressing Injury Caused by AI?

Journal: AMA journal of ethics
Published Date: Feb 1, 2019

Abstract

As capabilities of predictive algorithms improve, machine learning will become an important element of physician practice and patient care. Implementation of artificial intelligence (AI) raises complex legal questions regarding health care professionals' and technology manufacturers' liability, particularly if they cannot explain recommendations generated by AI technology. The limited literature on liability for innovation provides opportunities to consider possible implications of AI for medical malpractice and products liability and new legal solutions for addressing liability issues surrounding "black-box" medicine.

Authors

  • Hannah R Sullivan
    A legal scholar for the American Medical Association Council on Ethical and Judicial Affairs in Chicago, Illinois.
  • Scott J Schweikart
    A senior research associate for the American Medical Association Council on Ethical and Judicial Affairs in Chicago, Illinois, where he is also the legal editor for the AMA Journal of Ethics.

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