Rosenbaum & Rosenbaum, P.C. | June 9, 2019 | Medical Malpractice

If you are like many people in New York, you are aware that advanced technologies like artificial intelligence and machine learning are becoming used in more areas of business and people’s personal lives. The rapid pace at which these and other technologies are being implemented can feel staggering at times. When it comes to health care, AI and machine learning are being built into many programs that have a direct impact on patient care and outcomes.

Forbes explains that even as these technologies are being used more, there has yet to be a clearly defined set of regulations or governance over them created. With little to no legal precedence regarding any errors made that may involve AI or machine learning, it leaves a lot of questions about how a patient might seek compensation unanswered. 

One expert indicates that an individual practitioner, like a radiologist, may still be held to what is called the standard of care if they have made an inaccurate diagnosis. The question in assessing liability will be whether or not the radiologist should have been able to identify any error due to the technology. The answer to this question may have a major impact on a person’s ability to seek compensation if they have been injured due to a technology mistake.

If you would like to learn more about the increasing reliance on advanced technologies in health care and the potential risks this exposes patients to, please feel free to visit the technology errors in health care page of our New York medical malpractice website.