A Black Box for Patient Safety?

25 Pages Posted: 31 May 2019 Last revised: 3 Jun 2019

See all articles by Nathan Cortez

Nathan Cortez

Southern Methodist University - Dedman School of Law

Date Written: May 21, 2019


Technology now makes it possible to record surgical procedures with striking granularity. And new methods of artificial intelligence (A.I.) and machine learning allow data from surgeries to be used to identify and predict errors. These technologies are now being deployed, on a research basis, in hospitals around the world, including in U.S. hospitals. This Article evaluates whether such recordings – and whether subsequent software analyses of such recordings – are discoverable and admissible in U.S. courts in medical malpractice actions. I then argue for reformulating traditional "information policy" to accommodate the use of these new technologies without losing sight of patient safety concerns and patient legal rights.

Keywords: Medical Malpractice, Patient Safety, Quality, AI, Artificial Intelligence, Machine Learning, Torts, Malpractice, Health Care

Suggested Citation

Cortez, Nathan, A Black Box for Patient Safety? (May 21, 2019). DePaul Law Review, Vol. 68, No. 2, 2019, SMU Dedman School of Law Legal Studies Research Paper No. 419, Available at SSRN: https://ssrn.com/abstract=3391864

Nathan Cortez (Contact Author)

Southern Methodist University - Dedman School of Law ( email )

P.O. Box 750116
Dallas, TX 75275
United States
(214) 768-1002 (Phone)

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