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Digital health technology-specific risks for medical malpractice liability
Simon P Rowland1, J Edward Fitzgerald2, Matthew Lungren3
1Haleon (formerly GSK Consumer Healthcare), London, UK. simonp.x.rowland@haleon.com.
NPJ Digital Medicine
|October 19, 2022
Summary
Digital health technologies in patient care introduce new malpractice risks. This article identifies these risks and provides strategies for clinicians to mitigate potential liability when using these advanced tools.
Area of Science:
- Medical Informatics
- Healthcare Law
- Digital Health
Background:
- Digital technologies are increasingly integrated into healthcare delivery.
- This integration presents novel challenges and potential risks for medical error and malpractice liability.
- Attribution of medical errors involving artificial intelligence (AI) clinical decision-making systems is a complex issue.
Purpose of the Study:
- To identify and discuss specific malpractice liability risks associated with digital health technologies.
- To offer practical advice for mitigating malpractice risk in the context of digital health adoption.
Main Methods:
- Literature review of digital health technologies and malpractice cases.
- Analysis of legal and ethical considerations in AI-driven healthcare.
- Development of risk mitigation strategies for clinicians.
Main Results:
- Digital health technologies introduce unique malpractice risks, including issues of accountability and data security.
- Clear guidelines are needed for attributing errors between clinicians and AI systems.
- Proactive risk management is essential for healthcare providers.
Conclusions:
- Clinicians must understand the evolving landscape of digital health risks to prevent malpractice.
- Implementing robust risk mitigation strategies is crucial for safe and effective use of digital health tools.
- Further research and policy development are needed to address AI-specific liability in healthcare.
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