Anesthesiology Malpractice Claims

What Happens When An Artificial Intelligence Robot Gives A Misdiagnosis?

June 13, 2017 by Carrie Capouellez

Advances in medical technology can help cure diseases and save lives. However, with each new advance, legal issues arise that patients must consider before receiving treatment. One such advance is the artificial intelligence robot, which can analyze symptoms and determine a medical diagnosis. While this technology could prove to help improve healthcare worldwide, patients are wondering who is legally responsible if the robot gives a misdiagnosis.

AI Doctors

Artificial intelligence (AI) has more computing power than any human brain. This means AI systems can analyze symptoms, diagnostic data, and medical histories rapidly and thoroughly, going through thousands of possible diagnoses to determine the one that most likely fits. AI doctors can also help speed up the time it takes to receive a diagnosis, provide more personalized healthcare, and lower costs. Unfortunately, AI doctors leave gaping holes in terms of medical malpractice liability.

Who’s At Fault?

Many patients and patient advocates are concerned AI doctors could be dangerous. If an AI doctor gives a misdiagnosis, whose fault would it be? Ordinarily, when a human doctor negligently misdiagnoses a patient, they are responsible for patient’s injuries. However, with AI doctors, medical responsibility would be harder to define.

While some might ultimately lay blame on a presiding physician or hospital, others might blame the AI robot manufacturer. AI robots use complex machine-learning algorithms. If there was even the smallest error in this algorithm, patients could suffer severe consequences.

The trouble with machine learning algorithms is it is impossible to understand exactly how an AI medical device came to a certain decision. This means errors in the algorithm are terribly difficult to detect.

Misdiagnosis Attorneys For Philadelphia Families

It is unclear how the future of AI doctors will unfold. For now, patients need to rely on human doctors to treat illnesses, and doctors have certain standards of care they must uphold. For patients, this means doctors treating patients at less than the appropriate standard of care can be held legally responsible for injuries they cause; but, patients will need experienced misdiagnosis attorneys to successfully pursue a claim. If you or someone you love was injured by a misdiagnosis, contact Lopez McHugh LLP today to see how we can help.

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