Prof. Craig Konnoth1
1University Of Virginia, United States
Biography:
Craig is the Martha Lubin Karsh and Bruce A. Karsh Bicentennial Professor of Law. His work has appeared in the Yale Law Journal, and the Harvard, Stanford, and Columbia Law Reviews, among others. He was a 2022 John T. Casteen III Ethics Fellow and a 2021-2024 Greenwall Foundation Fellow.
Abstract:
Is the marriage of AI and medicine a good thing from the perspective of patients and otherwise vulnerable individuals? Some have argued that the answer is no, as AI and medicine have each been implicated in the oppression of vulnerable groups. But this Paper argues that despite this, in the American context at least, medicine and AI have been mutually civilizing.
On one hand, the medicalization of AI helps civilize AI. AI outside the medical regime generally operates at the manufacturer’s discretion, with government agencies getting involved only to clamp down on deceptive, tort-like harms. But Medical AI must meet a higher standard. Medical AI often must meet heightened safety standards, privacy protections, and equity requirements. AI in turn can address some of the most potent critiques of medicalization. AI can empower, not just doctors and pharmaceutical companies—but also patients, helping address classic critiques against medicalization. To be sure, AI products can be used in ways that increase surveillance and control of patients. But alternative design methods that seek to promote patient autonomy can emphasize the importance of patient choice and control.
The paper explores laws and regulations in the American context that demonstrate the mutually civilizing influence of medicine and AI.