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31 Annals Health L. & Life Scis. 179 (2022)
Physician Liability in the Age of Data Reliance and Errors

handle is hein.journals/anohl31 and id is 84 raw text is: Physician Liability in the Age of Data Reliance and Errors Laura Montesantos * I. INTRODUCTION The first rule of any technology used in a business is that automation applied to an efficient operation will magnify the efficiency. The second is that automation applied to an inefficient operation will magnfy the inefficiency.' - Bill Gates Medical errors are the third leading cause of death in the United States causing at least 250,000 deaths every year, indicating that patient safety efforts fall short.2 In addition, errors related to improper patient diagnoses were the largest contributor to medical malpractice claims for the five-year period from 2013 to 2017.3 Such statistics give weight to the need for health care reform by way of technological advancements that can improve the safety and quality of medical care. However, health care innovation opens new legal complications with regards to liability, namely because of the complexity that underpins the technology itself. For example, when an error occurs through the use of technological advancements, such as Artificial Intelligence (AI) or Machine Learning (ML), it is difficult to make an assessment of who to hold responsible for the medical error.4 As Al becomes more powerful, the * Laura Montesantos is a Chicago resident and licensed attorney working in healthcare software technology. Laura has a JD from DePaul University and an LL. M. in health law from Loyola University Chicago School of Law. 1 Bill Gates, Bill Gates Quotes, BRAINY QUOTE, https://www.brainyquote.com/authors/bill- gates-quotes (last visited Oct. 7, 2021). 2 Steve Sternberg, Medical Errors Are Third Leading Cause ofDeath in the US., U.S. NEWS (May 3, 2016), https://www.usnews.com/news/articles/20 16-05-03/medical-errors-are-third- leading-cause-of-death-in-the-us (It is important to note that some of the statistics referenced are being questioned as over inflated). 3 Maria Castellucci, Diagnostic Errors Are Largest Contributor to Medical Malpractice Claims, MODERN HEALTHCARE (Mar. 13, 2018), https://www.modernhealthcare.com/article/20180313/NEWS/180319965/diagnostic-errors- are-largest-contributor-to-medical-malpractice-claims. 4 Artificial Intelligence is defined as the development of computer systems able to perform tasks that normally require human intelligence. Machine learning is the concept of machines learning through experience or example. As such, Al is the broader concept including machine learning and other technologies. See Evan Sweeney, Using AIfor Diagnosis Raises Tricky Questions About Errors, FIERCE HEALTHCARE (May 24, 2017), https://www.fiercehealthcare. com/analytics/using-ai-for-medical-diagnosis-raises-tricky- questions-about-errors. 179

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