When AI Makes Medical Malpractice Mistakes, Who Pays? Learn about the Landscape of AI and Medical Malpractice Liability
We have to face it sooner or later: Artificial Intelligence, more commonly known as “AI”, is taking over major parts of regular living for many New York City residents and people across the country. From the introduction of self-checkouts to phone trees with automated voices and options, from using Chat GPT (perhaps wrongly) for school projects and document drafting to simply how we search for information on the internet, AI is here to stay and is becoming more and more of a staple of American life each day. One of the interesting and novel areas that AI has infiltrated that many New York City patients and residents may not be aware of is in medical care. Indeed, these days high-tech medical programs can use AI to provide suggestions to doctors for things like prescribing medicine, and even training programs for some surgeries and other treatments. But what happens when a treating doctor relies on AI to treat a patient, and the information is faulty or in error? Is the robot to blame or the human doctor? We discuss this emerging and cutting-edge issue in the New York City medical malpractice world here.
A Patchwork of Laws and Precedent, but No Clear “Safe Harbors” for Doctors who Negligently Harmed Patients Due to AI
As it stands now, the legal landscape in which medical malpractice claims involving AI is somewhat unclear under New York Laws. The same can be said of many state laws throughout the country. Indeed, the “gray area” that has emerged in medical malpractice law is a concern to some lawmakers, who hope to introduce and pass legislation that would limit or “cap” medical malpractice liability for doctors who rely on AI or use AI tools that steer them wrong. Plaintiffs’ medical malpractice advocates disagree with such caps on both damages and the statute of limitations, while those on the defense side believe that clarity is needed in the law. In sum, as AI emerges and is used more in the healthcare industry, novel issues involving AI will undoubtedly continue to also emerge, and it remains to be seen whether lawmakers will make moves to limit liability for doctors who have relied on AI to treat their patients to their detriment.
Legal Help for Victims of Medical Malpractice in New York City
If you or a loved one were injured by a negligent doctor in New York City – whether the doctor used AI or not – it is important to learn about your rights and options to compensation under New York laws. The experienced New York City medical malpractice lawyers at the law firm of Michael Gunzburg, P.C. are here to help victims of medical malpractice in New York City get justice for their injuries and losses. Do not hesitate to speak to an experienced New York City medical malpractice lawyer about your case today. Contact the experienced New York City medical malpractice lawyers at the law firm of Michael Gunzburg, P.C. and speak to a lawyer about your rights and options now.
