Artificial intelligence and medical decision-making: wind of change for medical malpractice liability and insurance?

Abstract

In the field of health care, computing systems' extensive capabilities and ongoing improvements as to their autonomy raise the question of whether the patient's expectations from healthcare professionals and the corresponding rules regarding assessment of medical liability will and shall remain the same. This chapter attempts to analyse the impact of cognitive computing systems - regarded neither as a human-dependent medical device nor as an autonomous and trustworthy agent - upon medical malpractice and the development of an adequate insurance system. In particular, the chapter deals with the difficulties relating to the detection of the root cause of the misdiagnosis, the impact of the use of cognitive computer systems upon the standard of care expected from health practitioners, the interactions of the systems with the requirements regarding the patient's informed consent and the role of medical liability insurance upon patient safety and compensation.