As you can tell from the title, when artificial intelligence and medicine mix, who can be held responsible for any medical errors? After all, artificial intelligence is programmed by humans, who are prone to error in Charleston, SC. While the world of medicine combined with artificial intelligence is still emerging, you can read further to learn more about where we stand as a society on this issue.
Currently, there is a scary lack of transparency on medical artificial intelligence.
Artificial intelligence combined with medical practices is termed “black box medicine” because of the secrecy surrounding medical interventions and the lack of transparency for who actually owns the intellectual property of treatment recommendations. This is problematic for solving medical malpractice cases.
Are there any reasonable solutions?
The alternative is regulating medical algorithms. However, doing so comes with a host of issues. While the Food and Drug Administration can certainly play a huge role in the development and regulation of medical devices, there will always be newer forms of medical artificial intelligence that will never be inspected by the FDA, both because they are created in-house and because artificial intelligence is always improving and evolving. Therefore, even if the FDA approves the use of a certain medical device, it may be fundamentally different a short year later.
The lower courts are still debating how newer medical artificial intelligence can be patented
The reason for this is that the United States Supreme Court has recently passed laws making the software for medical devices and diagnostics more difficult to officially patent. Thus, there is currently a lot of trade secrecy surrounding these medical innovations. As a result of this secrecy, it is difficult for anyone to know if the medical artificial intelligence is working correctly. This makes filing for a medical malpractice claim difficult because who is responsible may be unknown.
It has never been more critical than now to keep up with what is going on in the medical industry. If you have been wrongfully diagnosed due to medical artificial intelligence, you should speak to an attorney to learn more about what your options are.