Policy Brief HAI Policy & Society Understanding - Key Takeaways - Liability Risk from

In the past, older forms of clinical decision support—such will help healthcare organizations calibrate as software to manage patient care and improve patient safety—have their approach to implementing and monitoring enabled healthcare organizations to prevent injuries and malpractice healthcare AI tools based on a careful assessment of the liability risk of each tool. [...] The plaintiff must show that Tort law, which apportions liability for injury or loss, the defendant owed them a “duty of care,” that the has a history of evolving to adapt to technological defendant’s conduct fell below the “standard of care,” changes—and it will here too. [...] In other cases, manage care or resources cause harm to patients, who courts allowed medical and ordinary negligence in turn sue the developer of the software and/or the claims against the software developer for violating the hospital for negligently maintaining it. [...] And in Sampson, the court dismissed for example, the court upheld the plaintiffs’ claim that the ordinary negligence claim because the developer’s a drug-management software product had a defective licensing agreement gave physicians final decision- user interface, which led physicians to mistakenly making responsibility and the developer wasn’t a believe they had scheduled medication they hadn’t. [...] T he likelihood that injuries would garner compensation in the tort system (which turns on, among other things, the severity of the injury, the ease of proving negligence, and the causal relationship between the AI tool and the injury).