Writer: Lana Gharia
Editor: Zoe Cohn
Fall 2023
Artificial Intelligence has become increasingly used in a wide range of industries, leading to the development of many issues. The healthcare industry in particular has been facing legal and ethical issues when it comes to the use of AI in the workplace. There are currently no clear regulations on how to address these issues. This is an emerging legal concept because laws are likely going to be required to address the issues that result from AI being implemented into the healthcare industry.
Artificial Intelligence is defined as “a field, which combines computer science and robust datasets, to enable problem-solving” (IBM). Some processes completed by artificial intelligence include adaptation, sensory understanding, and interaction. AI is being used in the healthcare industry in various ways. For example, AI is being used to help organize data collected from electronic health records. The AI helps to collect the data and improve the quality so that it can provide optimal benefits to the researchers analyzing the data (Naik, 2022).
Despite the numerous benefits that come with using AI in healthcare, there are also legal and ethical concerns that need to be addressed. AI systems can fail resulting in severe consequences. If the AI does not know the answer due to a lack of updates, it may still try to answer the question, resulting in inaccurate information being presented.
Every AI System has limits, thus it can be risky to rely on the system entirely, especially when it comes to making crucial decisions. It is important that healthcare workers are aware that AI has limitations, and that the worker is ultimately the final decision-maker. A significant ethical concern is that some healthcare workers may consistently use the AI system, and thus become complacent. They may rely heavily on the decisions being made by the AI rather than their own expertise. This presents a significant legal dilemma because relying on the system might lead to less-than-ideal decisions and potentially cause harm to a patient.
Furthermore, without human mediation, there are also risks of cyberattacks (Kiener, 2020). There is private information in medical records and using AI to help organize records and collect data could present the risk of this information being stolen. Hackers could potentially access the AI system, and if the system does not have the proper security measures in place, private information could be leaked. This could result in numerous laws being violated since the confidentiality of patient’s medical records is at risk of compromise.
There are a number of ways to address the legal and ethical issues that may arise with the increased use of artificial intelligence. The healthcare industry should require informed consent to use the patient’s data, it should be made clear the safety protocols that are being taken, they should work to ensure that the AI contains algorithms that are fair, and data privacy should be a top priority (Naik, 2022). These methods can help keep private information protected, as well as give medical providers permission by a patient to use AI when treating them.
There have been some governmental actions taken to solve these legal and ethical issues. The Department of Health and Human Services and the Centers for Medicare and Medicaid Services have released “AI Playbooks,” which are designed to help medical providers know the effects of using AI in healthcare. These playbooks include rules about properly using AI, which can help eliminate any potential dangers that could result from misuse. This is important because not every healthcare provider possesses the knowledge of how to use AI in a safe manner. Additionally, there have been legislators and regulators advocating for the creation of a federal agency to evaluate new AI technology (Grimm, 2023). This federal agency would implement stricter rules and regulations regarding the use of AI in healthcare.
While artificial intelligence is increasingly transforming healthcare, through improvements in patient care and operational efficiency, there are legal and ethical issues that need to be considered. There are several tools that can be used to combat these issues, such as informed consent, safety protocols, and AI playbooks. In the next few years, there will potentially be stricter laws and regulations set in place to mitigate issues that could result from AI being used in healthcare.
References
Grimm, Douglas. “AI’s Increasing Role in the Health Care Delivery System: Key Legal
Considerations.” The National Law Review, 10, July 2023, https://www.natlawreview.com/article/ai-s-increasing-role-health-care-delivery-system-key-legal-considerations.
Kiener, Maximilian. “Artificial Intelligence in medicine and the disclosure of risks.” National
Library of Medicine, 22, Oct 2020,
Naik, Nithesh. “Legal and Ethical Consideration in Artificial Intelligence in Healthcare: Who
Takes Responsibility?” National Library of Medicine, 14, Mar. 2022,
“What is Artificial Intelligence (AI)?” IBM,
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