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Who pays when AI steers your doctor wrong?

March 25, 2024
The advent of artificial intelligence (AI) in health care is stirring a resurgence in the debate on medical malpractice reform, focusing on the accountability for errors made with AI assistance in diagnosis and treatment. Physicians and health care leaders are concerned about the implications of AI errors for medical malpractice liability and are seeking clearer guidelines and protections from Congress. Amidst this technological evolution, there's mounting legal uncertainty, with potential reforms discussing who should bear the blame—an AI tool, the doctor using it, or the health tech companies developing these technologies. This discourse is set against a backdrop of previous medical malpractice discussions that favored limitations on liability, but with the introduction of AI, the focus is shifting towards establishing a framework that ensures patient safety while fostering the adoption of AI in medical practice. Legal and industry experts are navigating these uncharted waters, highlighting the need for a balanced approach that neither absolves AI developers of responsibility nor unduly burdens physicians, urging a careful consideration of how AI tools are integrated into patient care.
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