Ms Meredith Blake1, Dr Jane Chin1
1Law School Uwa, , Australia
Biography:
Bios to come
Abstract:
This presentation focuses on the first part of a project which analyses the liability landscape relevant to the use of AI clinical tools in the Western Australian clinical setting. The rapid integration of Artificial Intelligence (AI) in healthcare offers significant benefits in diagnostics and treatment but also raises complex questions concerning legal liability. This presentation analyses strategies for addressing the liability of health professionals when unintended harm occurs to patients in association with the use of AI clinical tools.
Key issues addressed include the definition of harm in the context of AI in clinical practice, and how the current liability framework in Australia addresses situations where patients are harmed in association with the use of AI clinical tools. The presentation goes on to analyse the strategies proposed in the literature to address liability, including analyses of existing laws, the development of new conceptual entities, and recommendations for modifying current legal frameworks. A fundamental normative question which arises in this context is whether any resulting legal responsibility associated with the occurrence of harm should reside with the clinician, and if so, whether this will impede the development and implementation of AI clinical tools. The content of this presentation precedes the undertaking of empirical analysis which will involve the use of case studies to explore the challenges which clinicians experience in using AI within the current legal framework. Ultimately this evidence will be used to make recommendations on the law and policy reform needed to regulate the use of AI in the clinical setting.