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21 DePaul J. Health Care L. 1 (2019-2020)
Artificial Intelligence and Technology in Health Care: Overview and Possible Legal Implications

handle is hein.journals/dephcl21 and id is 308 raw text is: Artificial Intelligence and Technology in Health Care: Overview and Possible Legal Implications Sarah Kamensky* I. Introduction The chief concerns in the health care system in the United States today are cost, quality, and access to care.' In an effort to improve our health care system, innovators have begun to develop technology and artificial intelligence to aid in reaching these goals. 2 In a health care setting, artificial intelligence can be used to improve the efficiency and quality of patient care, as well as advancing medical research.3 Today, approximately 86% of health care providers utilize at least one form of artificial intelligence in their practices. However, under traditional tort liability it remains unclear as to the possible legal implications and liability in the event of medical error involving artificial intelligence technology.4 The use of artificial intelligence technology in a medical setting will inevitably create risks since not all of the possible consequences of the use of the new technology are foreseeable.5 There is currently limited information as to legal implications for tort liability for error involving artificial intelligence in medical settings since both the *Sarah Kamensky is a third-year law student at DePaul University College of Law and will receive her J.D. Degree in May of 2020. She will receive a certificate in Health Law upon graduation and is currently a member of the DePaul Journal of Health Care Law. I Concerns over improving the cost, quality, access, and choice of care are increasingly reflected in today's health care systems in the United States. Ongoing attempts to reform health care systems have focused on these concepts, while transforming health care delivery and payment systems with the aim of meeting these goals. BARRY R. FURROW ET AL., HEALTH LAW: CASES, MATERIALS, AND PROBLEMS 1 (W. Acad. Publ'g, 8th ed. 2018); see also How Al-based Systems Can Improve Medical Outcomes, KNOWLEDGE@WHARTON (Dec. 12, 2018), http://knowledge.wharton.upenn.edu/article/ai-based-systems-can-improve-medical-outcomes/. 2 Hannah R. Sullivan & Scott J. Schweikart, Are Current Tort Liability Doctrines Adequate for Addressing Injury Caused by AI?, 21 AMA J. ETHICS 160, 160 (2019). ' W. Nicholson Price II, Artificial Intelligence in Health Care: Applications and Legal Implications, 14 SCITECHLAW 10, 10 (2017). 4 Sullivan & Schweikart, supra note 2, at 160, 162, 164. Chris Reed, How Should we Regulate Artificial Intelligence?, ROYAL Soc'Y PUBL'G, Apr. 29, 2018, at 1 https://royalsocietypublishing.org/doi/pdf/10. 1098/rsta.2017.0360.

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