Hey Watson – Can I Sue You for Malpractice? Examining the Liability of Artificial Intelligence in Medicine

• 발행기관: 이화여자대학교 생명의료법연구소
• 저자명: Jason Chung, Amanda Zink
• 간행물 정보: 『생명윤리정책연구(Asia Pacific Journal of Health Law & Ethics)』Vol.11 No.2, 51~80쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2018.03.30

영문 초록

IBM’s Watson achieved celebrity on the quiz show Jeopardy! but it is now weighing in on matters of life and death as an expert system in the healthcare setting. Increasing automation in areas such as oncological research and diagnostics promises significant reductions in morbidity and mortality, but several barriers stand in the way of such technology’s widespread implementation and acceptance. As Watson achieves greater accuracy and is increasingly relied upon by doctors, one key question will become: how should liability be assigned where medical errors can be traced to an “artificial” intelligence (AI)? Using philosophical and legal concepts, this article classifies Watson’s current capabilities and examines how humans make “good” decisions in order to better characterize Watson’s role and potential faults. The authors conclude that Watson warrants a unique legal status akin to personhood and is analogous to a medical resident, in that both require “oversight” by an attending physician. We therefore argue that liability for wrongful diagnoses by medical AI should attach on a medical malpractice basis rather than through a products liability or vicarious liability scheme, and can thus be addressed contractually between the AI provider and medical institutions rather than constituting an open question for legislatures.

목차

Ⅰ. What is Artificial Intelligence Anyway?

Ⅱ. What is Watson for Oncology?

Ⅲ. How do Humans Make “Good” Decisions?

Ⅳ. Can AI Make “Good” Decisions?

V. Towards A Functional View of AI

Ⅵ. Existing Liability Schemes Potentially Applicable to Varying Subsets of “Artificial Intelligence”

Ⅶ. Should Watson’s “Mistakes” Be Addressed under a Human- or Machine-Centric Theory of Recovery?

Ⅷ. Intent and Scope of Classifying Watson as the Equivalent of a Medical Student

Ⅸ. The Difference Between Watson and Other AI (Such as Self-Driving Cars)

Ⅹ. Conclusion

키워드

Artificial Intelligence Expert System Liability Medical Malpractice Watson