Doctors want liability shield from AI mistakes
Summary
The American Medical Association is seeking federal and state laws to shield physicians from liability when AI products harm patients, if doctors used the tools as intended. It also wants AI companies to carry liability insurance and disclose product limits and performance data, while responsibility for harmful errors could fall on developers, vendors, or health systems that require the tools.Key Facts
- The AMA called for legal protections for physicians using AI tools as intended.
- The group wants laws requiring AI companies to carry adequate liability insurance.
- The AMA wants AI companies to disclose product limitations and performance data.
- The AMA argues that hospitals, health systems, insurers, and vendors should bear responsibility when required AI tools cause harmful errors.
- AI systems are increasingly used for clinical tasks such as deciding whether to order tests or prescribe medication.
- A wrongful death lawsuit in Alabama involved a heart-abnormality screening tool; the software developer was not held liable under a licensing agreement that left final decisions to doctors.
- The FDA is considering whether it needs a new framework for regulating AI-enabled medical devices.
- AdvaMed wants the FDA to keep its current approach to generative AI medical devices and avoid post-market monitoring requirements that do not reflect a product's risk.
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