Artificial Intelligence to Inform Clinical Decision Making: A Practical Solution to An Ethical And Legal Challenge

Abstract:

This position paper discusses the challenges of al- locating legal and ethical responsibility to stake- holders when artificially intelligent systems (AISs) are used in clinical decision making and offers one possible solution. Clinicians have been identified as at risk of being subject to the tort of negligence if a patient is harmed as a result of their using an AIS in clinical decision making. An ethical model of prospective and retrospective personal moral re- sponsibility is suggested to avoid clinicians being treated as a ‘moral crumple zone’. The adoption of risk pooling could support a shared model of re- sponsibility that could promote both prospective and retrospective personal moral responsibility whist avoiding the need for negligence claims.