W. Nicholson Price II, Sara Gerke, & I. Glenn Cohen, Liability for Use of Artificial Intelligence in Medicine, in Research Handbook on Health, AI and the Law (Barry Solaiman & I. Glenn Cohen, eds., forthcoming 2023).
Abstract: While artificial intelligence has substantial potential to improve medical practice, errors will certainly occur, sometimes resulting in injury. Who will be liable? Questions of liability for AI-related injury raise not only immediate concerns for potentially liable parties, but also broader systemic questions about how AI will be developed and adopted. The landscape of liability is complex, involving health-care providers and institutions and the developers of AI systems. In this chapter, we consider these three principal loci of liability: individual health-care providers, focused on physicians; institutions, focused on hospitals; and developers.