The use of artificial intelligence (AI) within the healthcare industry, especially within the practice of telehealth or telemedicine, is quickly gaining momentum. Courts, however, face great difficulty in addressing the question of liability as it pertains to such use of AI, specifically due to the inconsistency in the distinction between medical device and medical procedure and the inconsistency in the application of different standards of care and preemption conditions to AI. Courts should adopt a new guiding principle and frame the question of liability as it pertains to the use of AI within the healthcare industry as one of either medical malpractice or product liability, specifically accounting for the extent to which AI dictates the course of the healthcare provided to patients.
A Current Regime of Uncertainty: Improving Assessments of Liability for Damages Caused by Artificial Intelligence,
N.C. J.L. & Tech.
Available at: https://scholarship.law.unc.edu/ncjolt/vol21/iss4/3