Hospitals increasingly rely on artificial intelligence for medical diagnoses, from reading radiology scans to predicting patient deterioration. When these AI systems fail, patients suffer delayed diagnoses, wrong treatments, and preventable injuries. You may have legal claims against both the healthcare provider and the AI software developer.
Artificial intelligence is transforming healthcare, with AI systems now reading X-rays, CT scans, and MRIs, predicting patient deterioration, recommending treatments, and even performing surgical planning. While AI promises improved accuracy, it also introduces new risks.
When AI fails, the consequences can be devastating. A missed tumor on an AI-read scan can delay cancer treatment by months. An AI system that fails to flag sepsis warning signs can result in preventable death.
AI medical errors typically arise from several sources:
Several legal theories support AI medical malpractice claims:
Traditional medical malpractice applies when doctors negligently rely on AI without appropriate verification. The standard of care still requires physicians to exercise independent medical judgment.
Product liability may apply to the AI software developer if the system was defectively designed, inadequately tested, or lacked proper warnings about its limitations.
Hospital corporate liability arises when hospitals negligently select, implement, or monitor AI diagnostic systems.
Victims of AI medical errors may recover:
AI medical malpractice cases require specialized expertise. Our attorneys work with both medical and artificial intelligence experts to analyze your case, establish liability, and maximize your compensation.
We have experience holding both healthcare providers and technology companies accountable when AI systems fail patients. Contact us for a free case evaluation.
Yes. While AI is a tool, doctors remain responsible for patient care. If an AI system misdiagnosed your condition and your doctor failed to properly verify the results, both the healthcare provider and potentially the AI developer may be liable.
Liability can extend to multiple parties: the physician who relied on AI without proper verification, the hospital for implementing inadequate AI systems, and the software developer if the AI had design defects or inadequate testing.
Common errors include missed cancers on radiology scans, incorrect pathology readings, drug interaction failures, missed sepsis warning signs, and incorrect triage recommendations. AI systems particularly struggle with rare conditions and atypical presentations.
Evidence includes the AI system's recommendation compared to the correct diagnosis, the physician's reliance on the AI output, the AI system's known error rates, and expert testimony on the standard of care. Your attorney will work with medical and AI experts to build your case.
Currently, disclosure requirements vary. However, you have the right to your complete medical record, which should document what diagnostic tools were used. Your attorney can subpoena records showing AI involvement in your care.
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