Who Is Liable In A Case Of Medical Malpractice Involving AI?

Who Is Liable In A Case Of Medical Malpractice Involving AI?

Artificial intelligence is infiltrating every industry, including healthcare. Today, AI technology in medical procedures is slowly becoming commonplace. Granted, AI is poised to help revolutionize the healthcare industry on every front. However the question of liability in case of an accident is still vaguely understood.

Unlike common medical negligence suits, where a doctor can be held responsible, AI blurs the line of responsibility. As a victim, it’s natural to wonder whether to blame the doctor or the company behind the AI technology. This blog will dive into the nuts and bolts of liability in the case of medical lawsuits with an element of artificial intelligence. 

The Issue of Liability in AI-related Medical Malpractice Lawsuits

In a situation where a medical practitioner fails to administer the appropriate care to their patients due to negligence, they would be considered liable in a medical malpractice lawsuit. 

For example, a Michigan mom and her son were recently awarded more than $120 million in damages by a Wayne County jury after proving that doctors in Henry Ford Health System delayed an emergency c-section, which harmed the child. This is an example of a case where the medical practitioner was found to be negligible. 

In the same way, if a medical device malfunctions and causes damage, the manufacturer would be held liable under a product liability lawsuit. This was the case with the software failure of the Therac-25 radiation machine in the 80s, in which patients received up to 100 times the required dosage. The product manufacturer settled these lawsuits for more than $150 million. 

So then, who is liable for medical negligence involving AI? 

According to personal injury attorney Vineet Durby of CD Lawyers, “With AI adoption still being in its infancy stages, the legal landscape surrounding liability in AI related medical malpractice claims is not yet fully understood.”

Below are some of the legal options for settling such claims in the future: 

A No Fault Indemnity AI System 

One legal avenue would be for Congress to introduce a no-fault indemnity system for AI-related claims. Under this program, victims would receive compensation for damages like medical expenses and lost wages without going through the lengthy process of proving liability. 

To understand how this would work, one has to look at the National Vaccine Injury Compensation Program. Established in the 1980s, it is designed to compensate Americans who have suffered vaccine-related injuries and death. To fund the program, the government charges a $0.75 excise tax on each vaccine the CDC recommends. Congress could come up with a similar system to cover AI-related medical malpractice claims in the future. 

Making AI a Legal “Person” for Liability Purposes

Another option is to make AI a legal “person” for purposes of liability. To understand how this system would work, we must take a look at how medical malpractice insurance works. 

Currently, the medical malpractice insurance program is designed to protect healthcare providers from financial loss when they are sued for medical malpractice. Typically, such professionals purchase insurance policies individually or through their employers. 

A similar framework could be designed for AI companies and healthcare providers, where these stakeholders are mandated to purchase insurance policies for coverage in case of lawsuits. 

Looking At The Future

There’s no denying that AI is as disruptive as it is helpful. Its adoption into modern society, not just in healthcare but also in all other industries, has sparked much debate from stakeholders around the US. As expected, regulations have yet to catch up with the rise of this contemporary technology.

However, this should not deter you from seeking justice if the negligent actions of a medic caused you harm. If you’ve been injured in what you believe is medical malpractice, speak to an attorney right away. They will help you understand your eligibility for compensation and guide you through the lawsuit.