Potential Liability for Physicians Using Artificial Intelligence

JAMA. 2019;322(18):1765-1766. doi:10.1001/jama.2019.15064

Posted: 25 May 2021

See all articles by W. Nicholson Price II

W. Nicholson Price II

University of Michigan Law School

Sara Gerke

Harvard University - Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics

I. Glenn Cohen

Harvard Law School

Date Written: October 4, 2019

Abstract

Artificial intelligence (AI) is quickly making inroads into medical practice, especially in forms that rely on machine learning, with a mix of hope and hype. Multiple AI-based products have now been approved or cleared by the US Food and Drug Administration (FDA), and health systems and hospitals are increasingly deploying AI-based systems. For example, medical AI can support clinical decisions, such as recommending drugs or dosages or interpreting radiological images. One key difference from most traditional clinical decision support software is that some medical AI may communicate results or recommendations to the care team without being able to communicate the underlying reasons for those results.

Keywords: artificial intelligence; medical malpractice, liability

JEL Classification: I1, K13

Suggested Citation

Price II, William Nicholson and Gerke, Sara and Cohen, I. Glenn, Potential Liability for Physicians Using Artificial Intelligence (October 4, 2019). JAMA. 2019;322(18):1765-1766. doi:10.1001/jama.2019.15064 , Available at SSRN: https://ssrn.com/abstract=3849784

William Nicholson Price II (Contact Author)

University of Michigan Law School ( email )

625 South State Street
Ann Arbor, MI 48109-1215
United States

Sara Gerke

Harvard University - Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics ( email )

23 Everett Street
Cambridge, MA 02138
United States

I. Glenn Cohen

Harvard Law School ( email )

1525 Massachusetts Avenue
Griswold Hall 503
Cambridge, 02138
United States

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