Intel on Health Care AI
As artificial and augmented intelligence (AI) begins to reach physicians’ offices across the U.S., balancing its benefits and limitations requires deeper intel to understand the impacts on patient care and liability.
Recently, computer scientists have raised red flags around the risk of errors and the possibility of racial bias inherent with AI use in the medical field, both of which open the door to new avenues of liability for physicians who rely on its output to provide guidance and recommendations for patient care.
In advance of any government action, the American Medical Association (AMA) has developed a new set of principles and a suite of materials to better engage and educate the physician community and other stakeholders on its approach to AI. These principles supplement the AMA’s existing policy and focus on the development, deployment, and use of AI.
“The AMA is committed to ensuring that AI can meet its full potential to advance clinical care and improve clinician well-being,” it stated in its position document, American Medical Association Principles for Augmented Intelligence Development, Deployment, and Use. “This may only be accomplished by ensuring that physicians engage only with AI that satisfies rigorous standards to meet the goals of the quadruple aim, advance health equity, prioritize patient safety, and limit risks to both physicians and patients.”
It’s position paper highlights the key pillars around the use of AI, including oversight, disclosure, data privacy, and liability.
The release of these principles follows an AMA survey completed earlier this year studying physician’s sentiments towards AI in health care, including current use and future opportunities. Highlights of the study included the fact that 41% of physicians responded that they were both equally excited and concerned about AI’s potential. Weighing on their minds were data privacy assurances, being not liable for AI model errors, and liability insurance coverage as the most important issues standing in the way of widespread adoption.
To learn more about the latest analyses on AI impacts to health care delivery and liability, view the full range of resources compiled by the AMA:
- Augmented intelligence in medicine
- Principles for Augmented Intelligence Development, Deployment, and Use
- Augmented Intelligence Research
Usual state suspects appear on latest list of “Judicial Hellholes”
The annual “Judicial Hellholes” report released by the American Tort Reform Association (ATRA) contains familiar faces on the list of states with unfriendly liability climates, threatening patient access to care.
Many of the states highlighted are often mentioned as places where jackpot awards are frequent, legislatures and courts have rolled back reforms, and personal injury attorneys venue shop among sympathetic jurisdictions.
Sharing the top spot on the list with Georgia, the City of Philadelphia and its Court of Common Pleas has further attracted medical lawsuit abuse through decisions in recent years that allow for out-of-state plaintiffs to flock to the state for what’s known as ‘litigation tourism.’ According to the ATRA Executive Summary, “there is a flood of medical liability litigation in Philadelphia courts thanks to the Pennsylvania Supreme Court’s decision to eliminate an important rule governing where lawyers may file these cases. The Philadelphia Court of Common Pleas continues to be a prolific producer of nuclear verdicts and liability-expanding decisions by the high court will only worsen the situation.”
The report also included the ATRA Watch List, indicating the possibility of future issues in states that previously had strong reforms that protect patients and physicians. Kentucky was noted as a state to watch in the years ahead, as it “eliminated a critical screening mechanism for medical liability claims.”
All the jurisdictions mentioned formed the basis for spiraling tort costs that flow down to businesses, patients, and physicians across the country. In 2022, these costs totaled $313 billion – essentially putting a $1,424 tax on every American as a result of excessive tort costs that are left unchecked.
To review the full list of “Judicial Hellholes” and the states and courts high on ATRA’s watch list, click here.
Wishing you a healthy, happy new year
As we reflect on the challenges and successes over the past year, we remain optimistic – with good reason – on the year ahead. The Health Coalition on Liability and Access and Protect Patients Now wishes you and your family peace, prosperity, and good health in 2024.
Our grassroots network will remain at the forefront of the debate on the need for federal medical liability reform. We’ve recently made available to our advocates a social sharing resource page, Linktr.ee/ProtectPatientsNow, to quickly access the latest developments in liability reform and share updates with concerned physicians and patients.
We thank you for your continued support and look forward to working with you further in 2024 to Protect Patients Now.
