Forbes March 28, 2024
A lawyer friend once told me, “90% of non-criminal law is arguing over who gets stuck with the tab.” More and more people are asking this precise question with respect to who should be held liable when physicians utilize medical artificial intelligence and the AI makes a mistake that harms the patient.
Normally, if a patient suffers harm due to the negligence or wrongdoing of a physician, this is covered by medical malpractice law. For example, if a physician fails to recognize an obvious heart attack and dismisses the patient’s chest pain as mere heartburn, that would constitute malpractice.
(Of course, some cases of early heart attack are subtle and might be reasonably misdiagnosed by the majority of competent physicians....
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