Artificial intelligence (AI) software can review large quantities of information much more rapidly than a human can. Many businesses have begun integrating AI software into their workflows to reduce demands on employees and speed up labor intensive procedures. In the medical sector, the use of AI for diagnostic analysis has become increasingly common. AI may help radiologists review imaging test results or may analyze genetic sequencing to look for known markers of serious medical issues.
While AI does represent a major step forward in diagnostic technology, it is far from perfect. It could easily overlook details that humans could identify as concerning. Who is the responsible party when AI software contributes to a diagnostic delay or a misdiagnosis?
Physicians and employers are likely liable
The primary duty of care in a medical scenario is on the physician treating the patient. They must uphold their oath to do no harm and must adhere to all current professional standards. While they can use any reasonable tools at their disposal, physicians must ultimately take responsibility for the choices they make treating and diagnosing their patients.
If they become complacent and overly-reliant on AI software for reviewing test results, then the doctors using that technology may be directly liable when it fails to identify warning signs that a competent human professional could have identified. In cases where the professional is an employee at a medical organization or hospital, especially when the company recommends the use of the AI software, the employer may be the party and technically liable for the malpractice that occurred.
Those dealing with the aftermath of diagnostic mistakes may need help determining what rights they have. Reviewing records with a medical malpractice lawyer can help patients pursue justice when over-reliance on technology leads to a poor medical outcome.