Medical malpractice laws apply to artificial intelligence

On Behalf of | Sep 30, 2021 | Medical Malpractice |

Knowing who to sue when artificial intelligence causes a medical-related injury is not always straightforward. The patient may not know whether to sue the robot, the doctor controlling the robot, or the manufacturer. There are med-mal laws in Georgia that apply to medical cases involving AI devices.

Can you sue an AI device?

A medical patient who experiences a complication cannot sue an artificial intelligence device for causing the problem. An intelligently designed machine is not a licensed medical professional and cannot be held liable in court. An injured patient has to sue the medical provider who was controlling the AI device or sue the manufacturer for creating a defective product that caused the injury.

Suing the AI manufacturer

Typically, the AI manufacturer is sued in cases of injuries that involve hazardous AI machinery. The patient has to file a product liability lawsuit and claim that the product design was defective, used incorrectly, or failed to operate efficiently. For instance, a surgeon who used a robotics device that resulted in a botched surgery may claim that the manufacturer did not provide proper instructions on how to use the device. Often, the manufacturer is liable for damages under product liability law.

How the law protects patients

Artificial intelligence has advanced to such a level that many people overestimate a machine’s abilities. They believe that an AI machine is programmed not to fail and will perform better than a human does. However, a robot’s design could be flawed and result in a severe or fatal injury during a medical procedure. Patients who suffer from injuries during medical procedures performed by AI devices are protected under certain laws.