The Autonomous AI Physician: Medical Ethics and Legal Liability

Mindy Duffourc, Dominick S. Giovanniello

Research output: Chapter in Book/Report/Conference proceedingChapterAcademic

Abstract

Artificial intelligence (AI) is currently capable of autonomously performing acts that constitute medical practice, including diagnosis, prognosis, therapeutic decision making, and image analysis, but should AI be considered a medical practitioner? Complicating this question is that fact that the ethical, regulatory, and legal regimes that govern medical practice and medical malpractice are not designed for nonhuman doctors. This chapter first suggests ethical parameters for the Autonomous AI Physician’s practice of medicine, focusing on the field of pathology. Second, we identify ethical and legal issues that arise from the Autonomous AI Physician’s practice of medicine, including safety, reliability, transparency, fairness, and accountability. Third, we discuss the potential application of various existing legal and regulatory regimes to govern the Autonomous AI Physician. Finally, we conclude that all stakeholders in the development and use of the Autonomous AI Physician have an obligation to ensure that AI is implemented in a safe and responsible way.
Original languageEnglish
Title of host publicationMultidisciplinary Perspectives on Artificial Intelligence and the Law
EditorsHenrique Sousa Antunes, Pedro Miguel Freitas, Arlindo L. Oliveira, Clara Martins Pereira, Elsa Vaz de Sequeira, Luís Barreto Xavier
Place of PublicationCham
PublisherSpringer International Publishing
Chapter11
Pages207-228
Number of pages22
ISBN (Electronic)9783031412646
ISBN (Print)9783031412660
DOIs
Publication statusPublished - 27 Dec 2023

Publication series

SeriesLaw, Governance and Technology Series
Volume58
ISSN2352-1902

Keywords

  • Artificial intelligence in healthcare
  • Autonomous artificial intelligence
  • Medical liability for artificial intelligence
  • Regulating artificial intelligence

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