Pros and Cons of AI in Healthcare

Potential Benefits of AI in Healthcare
Although still a developing technology, artificial intelligence (“AI”) may be
advantageous when responsibly deployed in the healthcare field. If used correctly, there
is the opportunity for AI to, amongst other things, assist in increasing the accuracy of
diagnostic procedures (which increase could in turn reduce risks to patients) and
assessing large sets of data and information which could help inform treatment plans. AI
could also lead to an increase in efficiency for medical personnel, which may in turn lead
to quicker service from medical providers. Further, as its accuracy and efficiency improve,
AI could reduce the potential factor of human error.

Potential Concerns of AI in Healthcare
Although AI has its upsides, it is not without its pitfalls. One concern is the
potential for a decrease in in-person interactions. Trust is crucial between patients and
healthcare professionals, and it is not certain how the use of AI will impact that trust. As
with other technological developments, data privacy and cybersecurity are also concerns
(although these are not novel concerns for the medical industry). There could also be
issues regarding informed consent; patients should provide informed consent when
agreeing to any proposed treatment, but if a medical provider relies on the AI without
fully understanding why the AI is coming up with the outcomes it is, patients may agree
to decisions without being completely informed about those decisions.

Legal Liability Concerns
What does this mean as it relates to the law and potential liability? Incorporation
of AI in the healthcare field is likely to raise new and unique legal issues regarding
liability. First, AI can impact the framework when analyzing the well-settled standard of
care of a “reasonable physician” acting in a similar situation. On one hand, it may be
argued that given AI’s accuracy and advancement, healthcare professionals may be
negligent in not utilizing AI to to the full extent of its capabilities. Conversely, it may be
argued that that healthcare professionals were negligent in utilizing AI at all if the AI has
not shown itself to be reliable in relation to a particular situation or diagnosis.

Although there is still an amount of uncertainty regarding how AI is treated from
a legal perspective, liability may be impacted by how much autonomy an AI model has.
For example, if the technology is only assistive AI, it could be argued that this should be a
reason for the liability to remain on the professional. Additionally, developers of AI may
open themselves up to products liability claims for negative outcomes.

Although the full impact of AI in various fields is ever evolving, as AI becomes more
prevalent in healthcare systems, all parties involved (including patients and medical
providers) should consider what AI tools to use and when, the appropriate monitoring
procedures, and how liability could be allocated if the AI influences a negative outcome.

If you have any questions or want assistance with information relating to legal issues
involving healthcare, or potential liabilities relating to the misuse of burgeoning
technologies, please reach out to one of our attorneys at McNeelyLaw LLP by calling (317)
825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal
opinion of any specific facts or circumstances. The contents are intended for general
informational purposes only, and you are urged to consult your own lawyer on any
specific legal questions you may have concerning your situation.