The Legal Risks of AI Use in Medical Practices
Healthcare attorney Dan Silverboard was interviewed by Medical Economics about the use of artificial intelligence (AI) in the healthcare industry and the risks that have arisen alongside this emerging technology. He explained how states and the U.S. Food and Drug Administration (FDA) are approaching AI and pinpointed the main legal risks associated with incorporating AI tools in clinical settings: 1) due diligence on vendors to ensure compliance with the Health Insurance Portability and Accountability Act (HIPAA) and other privacy regulations, and 2) approving an AI program's recommendations without verifying their accuracy or ultimate benefit for the patient. He advised providers and health systems to keep in mind standards of care and medical professionals' responsibilities toward patient care as well as review vendor contracts to identify and understand malpractice exposure or compliance obligations. As adoption accelerates and AI applications become more integrated into daily workflows, Mr. Silverboard's comments remind practitioners of the foundational requirements underlying their profession and the need to approach clinical decisions with appropriate caution.
Duration: 15:28