Frank Griffin (University of Arkansas) has posted “Artificial Intelligence and Liability in Health Care” (31 Health Matrix: Journal of Law-Medicine 65-106 (2021)) on SSRN. Here is the abstract:
Artificial intelligence (AI) is revolutionizing medical care. Patients with problems ranging from Alzheimer’s disease to heart attacks to sepsis to diabetic eye problems are potentially benefiting from the inclusion of AI in their medical care. AI is likely to play an ever- expanding role in health care liability in the future. AI-enabled electronic health records are already playing an increasing role in medical malpractice cases. AI-enabled surgical robot lawsuits are also on the rise. Understanding the liability implications of AI in the health care system will help facilitate its incorporation and maximize the potential patient benefits. This paper discusses the unique legal implications of medical AI in existing products liability, medical malpractice, and other law.