Download This PaperLiability for Use of Artificial Intelligence in Medicine
W. Nicholson Price II, Sara Gerke, & I. Glenn Cohen, Liability for Use of Artificial Intelligence in Medicine, Research Handbook on Health, AI and the Law, Barry Solaiman & I. Glenn Cohen, eds. Edward Elgar Publishing Ltd. (2023 Forthcoming)
Harvard Public Law Working Paper No. 22-16
22 Pages Posted: 27 May 2022 Last revised: 4 Oct 2022
Date Written: May 20, 2022
Abstract
While artificial intelligence has substantial potential to improve medical practice, errors will certainly occur, sometimes resulting in injury. Who will be liable? Questions of liability for AI-related injury raise not only immediate concerns for potentially liable parties, but also broader systemic questions about how AI will be developed and adopted. The landscape of liability is complex, involving health-care providers and institutions and the developers of AI systems. In this chapter, we consider these three principal loci of liability: individual health-care providers, focused on physicians; institutions, focused on hospitals; and developers.
Keywords: AI, liability, healthcare, malpractice, artificial intelligence
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William Nicholson Price II (Contact Author)
University of Michigan Law School ( email )
625 South State Street
Ann Arbor, MI 48109-1215
United States
I. Glenn Cohen
Harvard Law School ( email )
1525 Massachusetts Avenue
Griswold Hall 503
Cambridge, 02138
United States