Artificial intelligence (AI) has become a driving force poised to revolutionize modern health care. It is providing capabilities to enhance diagnostics and treatment, streamline administrative and operational processes, and engage patients in innovative preventive care programs. Recent disruptive events, such as the COVID-19 pandemic, showcased the potential benefit as well as challenges of AI technologies, which include machine learning, pattern recognition, natural language processing, robotics and neural networks designed to replace human thought processes. As with any revolutionary development, the advent of sophisticated medical AI tools has produced some degree of uncertainty for medical professionals. Clinicians often wonder whether this technology will serve to augment their training and judgement or instead render their hard-won knowledge and skills superfluous. Additionally, due to the lack of legal and regulatory parameters around AI, there are concerns about compliance, liability and ethics. Health care organizations must take time to familiarize themselves with the uses, benefits, limitations and hazards of AI tools, then create a framework to evaluate their safety and effectiveness. The slideshow above illustrates five risks to consider when implementing AI in a clinical-care setting. AI may fundamentally alter the patient-physician relationship, as self-learning algorithms not only support but potentially compete with human clinicians' ability to diagnose and treat diseases. As traditional notions of provider responsibilities change, so perhaps will the concept of negligence. With the changing technological landscape, it is a possibility that the documented use of AI-based diagnostic or treatment output could help reduce liability exposure. Failure to consult a reliable decision-making AI tool, on the other hand, could conceivably weaken legal defense in the event of a claim. As AI systems develop in complexity, physician authority, autonomy and professional judgment may decline, creating a high degree of dependency on technology. In addition, liability exposure may result from a system's potential flaws and limitations. The full implications of AI in relation to patient care and medical malpractice continue to be explored. Until regulations are established by governmental agencies, health care providers must educate themselves on the uses, benefits, and risks of using AI tools. Excessive reliance on AI technology could potentially influence patient safety and care outcomes. Therefore, organizational leaders must emphasize that health care providers are responsible for clinical decision-making, even when patient care is supplemented by AI technology. Patricia Harmon ([email protected]) serves as a senior risk control consultant for Allied Health Facilities and large physician group practices providing analysis and evaluation of patient safety and risk mitigation strategies for our insured clients. She is a recognized national speaker at professional industry associations and has co-authored several risk control publications including claim studies and white papers. This piece is published with consent from CNA. The information, examples and suggestions presented in this material have been developed from sources believed to be reliable, but they should not be construed as legal or other professional advice. CNA accepts no responsibility for the accuracy or completeness of this material and recommends the consultation with competent legal counsel and/or other professional advisors before applying this material in any particular factual situations. This material is for illustrative purposes and is not intended to constitute a contract. In addition, this material is not intended to establish any standards of care, to serve as legal advice appropriate for any particular factual situations, or to provide an acknowledgement that any given factual situation is covered under any CNA insurance policy. Any references to non-CNA websites are provided solely for convenience and CNA disclaims any responsibility with respect thereto. Please remember that only the relevant insurance policy can provide the actual terms, coverages, amounts, conditions and exclusions for an insured. All products and services may not be available in all states and may be subject to change without notice. "CNA" is a registered trademark of CNA Financial Corporation. Certain CNA Financial Corporation subsidiaries use the "CNA" trademark in connection with insurance underwriting and claims activities. Copyright © 2021 CNA See also: |

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