AI or artificial intelligence is applied delivering services in so many service areas. We see AI at store registers replacing cashiers. There is AI in customer service call centers stylizing call trees before we actually speak to a human being. Banking services implement AI in your banking process. AI is also being used to dispense of medical information even personal medical information. AI is even used for diagnostic and assessment screenings. Individuals are profiled by using AI for licensing, law enforcement, and security purposes. The question that lingers is, how reliable is this information from AI sources? Another question to ask is, who is liable for the information?
Use of Disclaimers
Obviously, there are disclaimers used with every bit of advice provided and platforms will have crafty disclaimer statements hoping to fend off lawsuits. Their hope will be that they can demonstrate that the potential medical inquirer or patient would be so desiring of the information, that they are willing to waive any potential future claim for damages for the advice being dispensed. Unfortunately, considering the high cost of medical itemized (coded) billed items and the high cost of medical attention and pharmaceuticals, free advice, to many, can go a long way.L
The prevailing trend among consumers of medical advice via AI is to waive any claim for purposes of receiving the advice. The question of reliability is still unanswered. Who is liable for the dispensing of medical information is still undetermined. Not to mention there is liability for dispensing personal information via AI without verification of the identity of the consumer patient’s identity. That question raises HIPAA violations. There is also concerns for data integrity.
Medical error is very high on the list of causes of death in the U.S. and in the E.U. The aspect of diagnostic errors presents a frightening paradox for society. There is a paradox. By virtue of the need to find ways to reduce costs in the medical industry for consumers of medical services and the liability exposure of using AI technology to dispense that service, a paradox is created. This is troublesome from a legal point of view and risk assessment for AI processed service deliverers.
We know that data fuels the results of the AI but how the data is administered may be more problematic for the service deliverer than what is originally anticipated. This piece on AI and liability for service delivered is the first piece in a series about the implementation of technology in services and the related liability.
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