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AI, Medical Malpractice, & Liability: Critical Information

Jun 14, 2022 Brown Moore Medical Malpractice

Artificial intelligence was once considered by many to be nothing more than a science fiction technology. However, recent advances have resulted in AI being integrated into our everyday life in various ways.

For example, early experiments indicate that AI has the potential to play a very critical role in certain medical processes. Some studies reveal that AI is at least as accurate as a human physician in regard to diagnosing conditions. AI technology also has the potential to assist surgeons when performing operations. Additionally, AI can take over certain administrative tasks, such as filling out paperwork and forms, that a human physician would otherwise have to perform. This theoretically gives doctors more time to focus on patient care.

These are all exciting innovations. However, they may also raise certain understandable concerns. AI algorithms are programmed and designed by humans. Thus, there is no reason to believe they are entirely error-proof.

This may have implications for future medical malpractice cases. Will patients who have been harmed as a result of faulty AI have the legal right to seek compensation for their losses?

Currently, it is impossible to say with absolute certainty what legal options will be available to patients in these circumstances. That said, proactive legal experts are already carefully considering the situation in an effort to prepare for the future.

Artificial Intelligence in Medical Malpractice Cases: What You Need to Know

Let’s begin with the good news: it is almost certain that patients who have been harmed because an AI technology erred in some capacity will have grounds to seek compensation for their medical bills, lost wages, and other such relevant losses.

These cases may be unique compared to past medical malpractice cases, though. Traditionally, the liable party responsible for compensating a victim in a medical malpractice case will be a physician or other such healthcare professional. Typically, they will provide compensation through their insurance.

Cases involving faulty artificial intelligence may be different. It is not necessarily a physician’s fault that an AI technology they were using to assist in treating a patient caused harm. In this scenario,the fault may lie with the designers or manufacturers of the new technology.

This can result in complexities that injured patients may find difficult to navigate on their own. To recover compensation in any type of personal injury case, it is first necessary to accurately determine whose negligence caused a victim to be harmed. A victim can only secure the compensation for which they may be eligible if they file a claim or lawsuit against the appropriate party.

Determining who this is an instance when harm was the result of faulty artificial intelligence may be challenging. Although it’s possible that the designers of the AI are at fault, it could also be argued that a physician is liable if it can be shown that they failed to use the technology in a proper manner.

This highlights the importance of enlisting the help of a qualified medical malpractice attorney when seeking compensation. Already, medical malpractice lawyers assist their clients by investigating their cases to identify the liable parties. This form of assistance may be increasingly vital in the AI future.

Contact a Charlotte Medical Malpractice Attorney Today

Although you might not have been harmed due to AI error, you might nevertheless still have a medical malpractice case if you have been harmed because a healthcare worker was negligent in some manner. If you believe you have a case, contact a Charlotte medical malpractice attorney at Brown Moore & Associates, PLLC today. We will review your case for free and advise you on your legal options. Contact us online or call us at 704-335-1500.