Liability 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

U of Michigan Public Law Research Paper No. 22-020

U of Michigan Law & Econ Research Paper No. 22-020

22 Pages Posted: 27 May 2022 Last revised: 4 Oct 2022

See all articles by W. Nicholson Price II

W. Nicholson Price II

University of Michigan Law School

Sara Gerke

Pennsylvania State University, Dickinson Law

I. Glenn Cohen

Harvard Law School

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

Suggested Citation

Price II, William Nicholson and Gerke, Sara and Cohen, I. Glenn, Liability for Use of Artificial Intelligence in Medicine (May 20, 2022). 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, U of Michigan Public Law Research Paper No. 22-020, U of Michigan Law & Econ Research Paper No. 22-020, Available at SSRN: https://ssrn.com/abstract=4115538 or http://dx.doi.org/10.2139/ssrn.4115538

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

Pennsylvania State University, Dickinson Law ( email )

150 S College St
Carlisle, PA 17013
United States

I. Glenn Cohen

Harvard Law School ( email )

1525 Massachusetts Avenue
Griswold Hall 503
Cambridge, 02138
United States

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