Artificial Intelligence and Liability in Medicine: Balancing Safety and Innovation

George Maliha
Sara Gerke, Penn State Dickinson Law
I. Glenn Cohen
Ravi B. Parikh

Abstract

Policy Points

• With increasing integration of artificial intelligence and machine learning in medicine, there are concerns that algorithm inaccuracy could lead to patient injury and medical liability.
• While prior work has focused on medical malpractice, the artificial intelligence ecosystem consists of multiple stakeholders beyond clinicians. Current liability frameworks are inadequate to encourage both safe clinical implementation and disruptive innovation of artificial intelligence.
• Several policy options could ensure a more balanced liability system, including altering the standard of care, insurance, indemnification, special/no-fault adjudication systems, and regulation. Such liability frameworks could facilitate safe and expedient implementation of artificial intelligence and machine learning in clinical care.