Legal implications of artificial intelligence in health care

Abstract

The last few years have seen a boom in the popularity of artificial intelligence (AI) around the world, and the health care sector has not been immune from what has been perceived by some as a revolutionary technology. Although AI has been around for many years, including in the field of health care, the recent introduction of consumer-facing generative AI tools has put a spotlight on the technology that has drawn attention from governments, corporations, consumers and more. Health care systems, physician groups, health insurance companies, and others in the space have shown an eagerness to explore AI's potential to improve various aspects of health care, but new legal risks and challenges are unfolding every day. This contribution looks at the latest health care-related measures in the United States and international legal and regulatory landscapes, as well as data privacy implications and discrimination concerns coming out of AI-enabled solutions. It also discusses concerns that health care systems and physicians alike are monitoring, including the potential for medical errors resulting from AI, liability considerations, and malpractice insurance trends.