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Epilogue: Professional Cooperation and Rivalry in the Future of Data-Driven Healthcare

I. Glenn Cohen et al., eds., Big Data, Health Law, and Bioethics (Cambridge University Press, Forthcoming)

U of Maryland Legal Studies Research Paper No. 2017-32

6 Pages Posted: 10 Nov 2017  

Frank A. Pasquale III

University of Maryland Francis King Carey School of Law; Yale University - Yale Information Society Project

Date Written: November 8, 2017

Abstract

To the extent that technologists in fields such as machine learning can develop their own distinct professional identity, steps toward the digitization of health monitoring and even diagnosis and treatment are likely to advance the triple aim (improving quality, cutting cost, and increasing access to care). However, as historians and sociologists of the professions have shown, such an identity is hard to achieve. It will require mandatory education and ethical rules (with enforceable penalties for violations) designed to apply legal and medical principles of confidentiality, informed consent, and other norms to processes of medical data collection, analysis, and use. Standards to balance privacy and trade secrecy against scientific demands for open data and replicability will be critical. As technologists develop such standards, they should work with — rather than try to replace — the physicians, attorneys, and other professionals whose long experience with fiduciary and other obligations can inform the development of socially responsible data practices.

Keywords: Health Law, Health Policy, Machine Learning, Patient Privacy, Automation, Future of the Professions, Master Algorithm, Black Box, HIPAA

Suggested Citation

Pasquale, Frank A., Epilogue: Professional Cooperation and Rivalry in the Future of Data-Driven Healthcare (November 8, 2017). I. Glenn Cohen et al., eds., Big Data, Health Law, and Bioethics (Cambridge University Press, Forthcoming); U of Maryland Legal Studies Research Paper No. 2017-32. Available at SSRN: https://ssrn.com/abstract=3067560

Frank Pasquale (Contact Author)

University of Maryland Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States
410-706-4820 (Phone)
410-706-0407 (Fax)

Yale University - Yale Information Society Project ( email )

127 Wall Street
New Haven, CT 06511
United States

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