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When Does Physician Use of AI Increase Liability?
An increasing number of automated and artificial intelligence (AI) systems make medical treatment recommendations, including personalized recommendations, which can deviate from standard care. Legal scholars argue that following such nonstandard treatment recommendations will increase liability in m...
Autores principales: | , , |
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Formato: | Online Artículo Texto |
Lenguaje: | English |
Publicado: |
Society of Nuclear Medicine
2021
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Materias: | |
Acceso en línea: | https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8679587/ https://www.ncbi.nlm.nih.gov/pubmed/32978285 http://dx.doi.org/10.2967/jnumed.120.256032 |
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author | Tobia, Kevin Nielsen, Aileen Stremitzer, Alexander |
author_facet | Tobia, Kevin Nielsen, Aileen Stremitzer, Alexander |
author_sort | Tobia, Kevin |
collection | PubMed |
description | An increasing number of automated and artificial intelligence (AI) systems make medical treatment recommendations, including personalized recommendations, which can deviate from standard care. Legal scholars argue that following such nonstandard treatment recommendations will increase liability in medical malpractice, undermining the use of potentially beneficial medical AI. However, such liability depends in part on lay judgments by jurors: when physicians use AI systems, in which circumstances would jurors hold physicians liable? Methods: To determine potential jurors’ judgments of liability, we conducted an online experimental study of a nationally representative sample of 2,000 U.S. adults. Each participant read 1 of 4 scenarios in which an AI system provides a treatment recommendation to a physician. The scenarios varied the AI recommendation (standard or nonstandard care) and the physician’s decision (to accept or reject that recommendation). Subsequently, the physician’s decision caused harm. Participants then assessed the physician’s liability. Results: Our results indicate that physicians who receive advice from an AI system to provide standard care can reduce the risk of liability by accepting, rather than rejecting, that advice, all else being equal. However, when an AI system recommends nonstandard care, there is no similar shielding effect of rejecting that advice and so providing standard care. Conclusion: The tort law system is unlikely to undermine the use of AI precision medicine tools and may even encourage the use of these tools. |
format | Online Article Text |
id | pubmed-8679587 |
institution | National Center for Biotechnology Information |
language | English |
publishDate | 2021 |
publisher | Society of Nuclear Medicine |
record_format | MEDLINE/PubMed |
spelling | pubmed-86795872022-01-05 When Does Physician Use of AI Increase Liability? Tobia, Kevin Nielsen, Aileen Stremitzer, Alexander J Nucl Med Artificial Intelligence An increasing number of automated and artificial intelligence (AI) systems make medical treatment recommendations, including personalized recommendations, which can deviate from standard care. Legal scholars argue that following such nonstandard treatment recommendations will increase liability in medical malpractice, undermining the use of potentially beneficial medical AI. However, such liability depends in part on lay judgments by jurors: when physicians use AI systems, in which circumstances would jurors hold physicians liable? Methods: To determine potential jurors’ judgments of liability, we conducted an online experimental study of a nationally representative sample of 2,000 U.S. adults. Each participant read 1 of 4 scenarios in which an AI system provides a treatment recommendation to a physician. The scenarios varied the AI recommendation (standard or nonstandard care) and the physician’s decision (to accept or reject that recommendation). Subsequently, the physician’s decision caused harm. Participants then assessed the physician’s liability. Results: Our results indicate that physicians who receive advice from an AI system to provide standard care can reduce the risk of liability by accepting, rather than rejecting, that advice, all else being equal. However, when an AI system recommends nonstandard care, there is no similar shielding effect of rejecting that advice and so providing standard care. Conclusion: The tort law system is unlikely to undermine the use of AI precision medicine tools and may even encourage the use of these tools. Society of Nuclear Medicine 2021-01 /pmc/articles/PMC8679587/ /pubmed/32978285 http://dx.doi.org/10.2967/jnumed.120.256032 Text en © 2021 by the Society of Nuclear Medicine and Molecular Imaging. https://creativecommons.org/licenses/by/4.0/Immediate Open Access: Creative Commons Attribution 4.0 International License (CC BY) allows users to share and adapt with attribution, excluding materials credited to previous publications. License: https://creativecommons.org/licenses/by/4.0/. Details: http://jnm.snmjournals.org/site/misc/permission.xhtml. |
spellingShingle | Artificial Intelligence Tobia, Kevin Nielsen, Aileen Stremitzer, Alexander When Does Physician Use of AI Increase Liability? |
title | When Does Physician Use of AI Increase Liability? |
title_full | When Does Physician Use of AI Increase Liability? |
title_fullStr | When Does Physician Use of AI Increase Liability? |
title_full_unstemmed | When Does Physician Use of AI Increase Liability? |
title_short | When Does Physician Use of AI Increase Liability? |
title_sort | when does physician use of ai increase liability? |
topic | Artificial Intelligence |
url | https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8679587/ https://www.ncbi.nlm.nih.gov/pubmed/32978285 http://dx.doi.org/10.2967/jnumed.120.256032 |
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