Abstract
While artificial intelligence has substantial potential to improve medical practice, errors will certainly occur, sometimes resulting in injury. Who will be liable? Questions of liability for AI-related injury raise not only immediate concerns for potentially liable parties, but also broader systemic questions about how AI will be developed and adopted. The landscape of liability is complex, involving health-care providers and institutions and the developers of AI systems. In this chapter, we consider these three principal loci of liability: individual health-care providers, focused on physicians; institutions, focused on hospitals; and developers.
Disciplines
Artificial Intelligence and Robotics | Health Law and Policy | Law and Economics | Public Health | Public Law and Legal Theory | Science and Technology Law | Torts
Date of this Version
2022
Working Paper Citation
Price, W. Nicholson; Gerke, Sara; and Cohen, I. Glenn, "Liability for Use of Artificial Intelligence in Medicine" (2022). Law & Economics Working Papers. 241.
https://repository.law.umich.edu/law_econ_current/241
Included in
Artificial Intelligence and Robotics Commons, Health Law and Policy Commons, Law and Economics Commons, Public Health Commons, Public Law and Legal Theory Commons, Science and Technology Law Commons, Torts Commons
Comments
Price II, William Nicholson and Gerke, Sara and Cohen, I. Glenn, Liability for Use of Artificial Intelligence in Medicine (May 20, 2022). W. Nicholson Price II, Sara Gerke, & I. Glenn Cohen, Liability for Use of Artificial Intelligence in Medicine, Research Handbook on Health, AI and the Law, Barry Solaiman & I. Glenn Cohen, eds. Edward Elgar Publishing Ltd. (2023 Forthcoming), Harvard Public Law Working Paper No. 22-16, U of Michigan Public Law Research Paper No. 22-020, U of Michigan Law & Econ Research Paper No. 22-020, Available at SSRN: https://ssrn.com/abstract=4115538 or http://dx.doi.org/10.2139/ssrn.4115538