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27 Stan. Tech. L. Rev. 1 (2023-2024)

handle is hein.journals/stantlr27 and id is 1 raw text is: Decoding U.S. Tort Liability in Healthcare's Black-Box Al Era: Lessons from the European Union Mindy Duffourc* & Sara Gerke** 27 STAN. TECH. L. REV. 1(2024) ABSTRACT The rapid development of sophisticated artificial intelligence (Al) tools in healthcare presents new possibilities for improving medical treatment and general health. Currently, such Al tools can perform a wide range of health- related tasks, from specialized autonomous systems that diagnose diabetic retinopathy to general-use generative models like ChatGPT that answer users' health-related questions. On the other hand, significant liability concerns arise Assistant Professor of Law, (Maastricht) Law and Tech Lab, Maastricht European Private Law Institute, Maastricht University, Maastricht, Netherlands; Research Team Member, Validating Al in Classifying Cancer in Real-Time Surgery (CLASSICA), European Union (Grant Agreement no. 101057321), Penn State Dickinson Law, Carlisle, PA, USA. Assistant Professor of Law, Penn State Dickinson Law, Carlisle, PA, USA; Co-Principal Investigator, WP8 (Legal, Ethical & Liability), Validating Al in Classifying Cancer in Real-Time Surgery (CLASSICA), European Union (Grant Agreement no. 101057321); Co-Principal Investigator, WP4 (Addressing Ethical/Legal Concerns), Optimizing Colorectal Cancer Prevention through Personalized Treatment with Artificial Intelligence (OperA), European Union (Grant Agreement no. 101057099); Multiple Principal Investigator, Bioethical, Legal, and Anthropological Study of Technologies (BLAST), National Institute of Biomedical Imaging and Bioengineering (NIBIB) and the National Institutes of Health Office of the Director (NIH OD) (Grant Agreement no. 1R21EB035474-01); Co-Investigator (Supplemental Project), PREMIERE: A PREdictive Model Index and Exchange Repository, NIBIB and NIH OD (Grant Agreement no. 3R01EB027650-03S1); Co-Investigator, Penn State TCORS: Tobacco Product Composition Effects on Toxicity and Addiction, National Institute on Drug Abuse (NIDA)/National Institutes of Health (NIH) (Grant Agreement no. 1U54DA058271-01). This Article was selected for the AALS Section on Law, Medicine and Health Care's New Voices in Law, Medicine and Health Care Program at the 2024 AALS Annual Meeting. This Article greatly benefited from feedback from participants at the Texas A&M University School of Law's Annual Health Law Conference, the Regulation and Innovation in the Biosciences (RIBS) Workshop, and the AALS Annual Meeting. For helpful comments and conversations, we would like to thank Valarie Blake, Anjali Deshmukh, Wendy Netter Epstein, George Horvath, Nicole Huberfeld, Ryan Knox, Craig Konnoth, Matthew Lawrence, Myrisha S. Lewis, Brendan Maher, Elizabeth McCuskey, Govind Persad, Jessica Roberts, Christopher Robertson, David A. Simon, Michael Sinha, Charlotte Tschider, Allison Whelan, and Carleen Zubrzycki. We thank Kaci McNeave and Robin Platte for excellent research assistance. All errors are our own.

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