Goldberg Segalla partner Frank Ramos co-authored a thought-provoking article published in ALM’s Florida Business Review regarding the use of artificial intelligence in the medical field.

The article, “How AI Is Redefining the Standard of Care for Medical Professionals,” explores the evolving landscape of the profession now that AI is increasingly being added to the picture.

“In general, the standard of care for medical professionals is what a reasonably prudent medical professional would have done under similar circumstances,” Frank says. “This standard is subject to change over time as medical knowledge, technology, and standard practices within the medical community evolve.”

But now that AI is changing the game in terms of radiology tools, diagnostic support, and treatment algorithms, failing to utilize AI may be viewed as deviating from the standard of care.

For example, a radiologist has access to AI that assists in reading X-rays but decides against using it in his diagnosis and misses an early-stage cancer that AI would have caught. Conversely, a physician relies on AI to make a diagnosis, ignoring clinical signs, and the diagnosis is wrong. Are these examples of malpractice?

To avoid falling behind, medical providers must stay informed about advancements in their field and learn to properly integrate AI tools. In malpractice cases involving AI, legal scrutiny will focus on whether the AI was standard, properly tested, and appropriately applied, and whether errors stemmed from the provider or the AI itself. These cases may also shift liability toward AI developers, especially if flaws in the technology affect large numbers of patients.

“They want to learn how to use AI responsibly, ethically, professionally, and appropriately, and document its use in their notes,” Frank says. “Simultaneously, these doctors cannot hand over their professional judgment to AI; instead, they learn how to use AI to augment their judgment, rather than replace it.”

READ THE FULL ARTICLE HERE (Subscription required)

MORE ABOUT GOLDBERG SEGALLA’S FRANK RAMOS:

A nationally recognized legal advisor and litigator, Frank has been defending clients in civil litigation for more than 26 years, focusing his practice on retail, product liability, premises liability, trucking, insurance, and commercial disputes. A seasoned litigator, he has taken numerous trials and arbitrations to verdict or award.

Frank uses his extensive litigation experience to provide counsel, defense, and strategic guidance to retailers, developers, restaurants, fitness chains, hotels, resorts and other hospitality businesses. His representation has included negligent security, slip/trip and falls, catastrophic personal injury, trucking and motor vehicle accidents, employment and construction claims, as well as a variety of commercial disputes ranging from intellectual property and breach of contract to bad faith, franchise agreements, and landlord-tenant issues.