Medical Malpractice and Artificial Intelligence

Medical errors are said to be the third biggest killer in the United States. When most people think of medical malpractice, the main focus is normally on the medical errors made by a medical professional. However, it is not uncommon for medical errors to happen as a result of medical machinery. One article states that “Over the years, advances in Artificial Intelligence (AI), including systems that can identify a heart attack and others that can recognize certain types of cancer, have helped dramatically reduce the number of life-threatening medical mistakes that jeopardize the health and safety of patients. However, like humans, these machines are not error proof.” It is due to this reality that questions related to liability arise and who is to blame when a medical machine is responsible for serious injury to a patient.

No one can downplay how artificial intelligence can and has been extremely effective in helping medical specialists when it comes to diagnosing or identifying health risks and diseases; but it is important to note that they are unable to replace a specialist’s opinion and are used to aid the decision-making process that comes with the specialist’s treatment recommendations. One expert stated that, “AI does not replace the experience and knowledge of a medical professional. As a result, if something goes wrong the healthcare provider using the AI will be held liable for any resulting injuries to the patient with a few exceptions.”

A Crowson Law Group attorney stated that “One of the key exceptions made when it comes to medical errors involving artificial intelligence is when the manufacturer of the artificial intelligence produces a faulty product. The machine is designed to inform the decision-making of the medical professional, therefore, if a wrong decision is made as a result of the faulty machinery the liability falls upon the manufacturer of the product. And this shifts from being a medical malpractice lawsuit to a defective products lawsuit.” For example, if a machine is used to read blood pressure levels and the machine malfunctions which jeopardizes the patient’s health, the manufacturer of the machine is likely to be held liable for any injuries suffered by the patient.

Another exception is if the medical professional follows the standard of care when treating the patient but it turns out that the patient is allergic to a routine antibiotic. In that case the physician and the machine would not be liable for that allergic reaction if the standard of care for prescribing the antibiotic was followed.

With the advancement of technology each and every day, it is highly likely that machines will continue to be widely used in the medical industry. As a result, it will become necessary for the healthcare and legal institutions to draw the line between what can be regarded as an unfortunate medical mistake caused by the machinery and one that rises to the point of negligence. While there are strict safety regulations that medical machinery needs to meet, serious medical errors still occur due to such machinery. If you are a victim seek out a top Anchorage lawyer that has experience handling medical malpractice and product liability personal injury related matters.

Crowson Law Group is a law firm of renowned professionals with a focus on personal injury matters. If you are looking for legal advice and representation by the best Anchorage lawyers, include Crowson Law Group in your search.

Address: Crowson Law Group
637 A St.
Anchorage, AK 99501
Email:james@crowsonlaw.com
Phone:(907) 677-9393

This release was published on openPR.