Artificial Intelligence in Medicine: Issues When Determining Negligence

Area of Science:

• Medical Law and Ethics
• Artificial Intelligence in Healthcare
• Tort Law

Background:

• The integration of artificial intelligence (AI) into clinical practice raises novel legal liability questions.
• Current case law regarding AI in healthcare is limited globally.
• The "black box" nature of AI presents unique challenges in legal contexts.

Purpose of the Study:

• To analyze medical malpractice claims involving AI.
• To identify challenges in establishing breach of duty of care and causation due to AI's "black box" nature.
• To explore potential legal solutions for AI-related medical liability.

Main Methods:

• Analysis of medical malpractice principles, focusing on the tort of negligence.
• Examination of the "black box" AI problem in healthcare.
• Application of the Civil Liability Act 2002 (NSW) and common law through hypothetical examples.

Main Results:

• The "black box" characteristic of AI complicates establishing breach of duty and causation in medical negligence.
• Existing legal frameworks face difficulties in addressing AI's opacity.
• Hypothetical scenarios illustrate the practical challenges for litigants and courts.

Conclusions:

• Addressing legal liability for AI in healthcare requires adapting current negligence principles.
• Solutions are needed to overcome the "black box" problem and ensure accountability.
• Further legal development is crucial for the safe and effective adoption of AI in medicine.