Legal Issues Raised by Deploying AI in Healthcare

Overview:

Classically, the law reasons by analogy, and from precedent. The theory is that the law should deal with like situations in like ways.

Classically, the law reasons by analogy, and from precedent. The theory is that the law should deal with like situations in like ways. In some respects, however, Artificial Intelligence, especially the concept of machine learning, is virtually unprecedented, so the law is struggling with how to deal with it, or will be soon. Consider a few of the difficulties that the law will probably need to address:

Who will pay for healthcare services dependent on AI, and who will be entitled to such payments? Will those payments be keyed to "value," the currently orthodox yardstick? If so, by what means will “value” be measured, especially if, as many predict, outcomes may change unforeseeably?

Who will own the massive trove of data AI learns from and bases decisions on, and how will the rights of the owner be protected?