Legal Accountability in AI-Enhanced Healthcare

Abstract

The inclusion of artificial intelligence (AI) in the health care system raises important legal and ethical considerations that require an intensive socio-legal analysis. While the domestic and cross-border business benefits of AI-powered healthcare are increasingly easy to identify, so too is the murky, complex set of questions around legal liability issues raised by this technology. It is, perhaps, the increasing ability of AI systems to impact clinical decision-making that drives the revision of traditional models on moral responsibility. As patients may be harmed because of choices made on the basis of AI-based predictions, medical liability will become more complicated. Thus, this chapter identifies and describes the importance of informed consent, algorithmic bias, and data privacy as significant ethical concerns necessary to build trust in AI applications. It also examines the global gaps in regulation and the consequences of these gaps for patients and patient safety. This analysis highlights the need for governance structures that are transparent and equitable, which requires input from a variety of stakeholders, including healthcare providers, AI developers, and policymakers. This chapter seeks to assist in creating a responsible AI framework that promotes patient welfare without constraining the transformational potential AI can offer to healthcare by calling for explicit legal standards and ethical guidelines. Overall, these socio-legal complexities must be addressed if we hope to implement AI systems that improve the quality and safety of care for patients rather than detract from it.

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