Cited by 83Artificial Intelligence in Healthcare and EducationMedical Malpractice and Liability IssuesDigitalization, Law, and Regulation

Autonomous AI systems in the face of liability, regulations and costs.

Open access
Saenz, Agustina D., Harned, Zach, Banerjee, Oishi, Abràmoff, Michael D., Rajpurkar, Pranav·2023·npj Digital Medicine

Abstract

Autonomous AI systems in medicine promise improved outcomes but raise concerns about liability, regulation, and costs. With the advent of large-language models, which can understand and generate medical text, the urgency for addressing these concerns increases as they create opportunities for more sophisticated autonomous AI systems. This perspective explores the liability implications for physicians, hospitals, and creators of AI technology, as well as the evolving regulatory landscape and payment models. Physicians may be favored in malpractice cases if they follow rigorously validated AI recommendations. However, AI developers may face liability for failing to adhere to industry-standard best practices during development and implementation. The evolving regulatory landscape, led by the FDA, seeks to ensure transparency, evaluation, and real-world monitoring of AI systems, while payment models such as MPFS, NTAP, and commercial payers adapt to accommodate them. The widespread adoption of autonomous AI systems can potentially streamline workflows and allow doctors to concentrate on the human aspects of healthcare.

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  • Other regulated AI medical technologies, such as radiology image analysis or diagnosis, are trained on domain-specific medical data for targeted uses.

    “While other regulated AI medical technologies, such as radiology image analysis177 or diagnosis,178 are trained on domain-specific medical data for targeted uses, LLMs have broader complexity, applicability, and an ability to adapt in real time, which complicates their regulation.2,179,180”

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Authors
Saenz, A. D., Harned, Z., Banerjee, O., Abràmoff, M. D., & Rajpurkar, P.
Affiliations
  • Brigham and Women's Hospital (US)
  • NortonLifeLock (United States) (US)
  • Harvard University (US)
  • University of Iowa (US)
Corresponding author
Rajpurkar, Pranav
Venue
npj Digital Medicine
Published
2023-10-06
Volume
6
Issue
1
Pages
185-185
ISSN
2398-6352 (ISSN-L)
OpenAlex
W4387405016
Cited by
83
References
11
Citations by year
2026: 29 · 2025: 30 · 2024: 20 · 2023: 4
FWCI
3.27
Type
journal article
Language
en
Open access
Locations
  • npj Digital Medicine (publishedVersion, cc-by)
  • PubMed Central (publishedVersion, cc-by)
  • PubMed (publishedVersion)
  • DOAJ (DOAJ: Directory of Open Access Journals) (submittedVersion, cc-by-sa)
Topics
  • Health Sciences › Medicine › Health Informatics › Artificial Intelligence in Healthcare and Education
  • Health Sciences › Health Professions › Pharmacy › Medical Malpractice and Liability Issues
  • Social Sciences › Law › Digitalization, Law, and Regulation
Keywords
autonomous AI systems, artificial intelligence in healthcare, liability, malpractice, AI regulation, FDA oversight, large language models, payment models, commercial payers, physician liability, clinical workflow, health care costs

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