The recipient of a juris doctor from Boston University, David Bordoni is an Armonk, NY-based civil litigation attorney who defends corporate clients through the law firm Malapero, Prisco and Klauber, LLP. Among other areas of the law, David Bordoni specializes in construction liability, commercial transportation, and medical malpractice.
Technological advancements in the medical field have benefited doctors by allowing them to more quickly diagnose patients. Examples of modern uses of artificial intelligence (AI) in health care include symptom checkers and early cancer detection screenings and tests. It can also help doctors detect and diagnose early stage blood diseases and other medical conditions. However, like other forms of technology, AI isn't immune to the risk of failure. This brings up the notion of whether or not AI can be sued for medical malpractice.
The answer is complex. AI cannot technically be held liable for medical malpractice, as it isn't licensed to practice medicine. However, while there are no laws or precedents in the US that govern the use of AI in the medical field, it can be treated similar to other faulty products should there be obvious design or manufacturing defects. In this instance, the manufacturer of the product can be held liable.