When Medical AI Makes a Mistake, Who Is Liable in Illinois?
Artificial intelligence is making as much an impact on modern medicine as it has in several other industries. AI is now used in almost every part of medicine. It can read scans, help doctors diagnose illnesses, and even guide surgical robots. But when AI makes a mistake, the results can be serious. A wrong diagnosis or treatment could cause surgical problems, missed cancer signs, or fatal medication interactions. What happens when these AI systems cause severe injuries?
The challenge for patients injured by AI technology is to identify who is legally responsible for their injuries. Is it the doctor, the hospital, or the developer of the AI technology? Courts are still trying to keep up with how fast AI is changing. When AI causes a medical mistake, it can be hard to know who is at fault. A skilled Morris, IL medical malpractice lawyer can help find out who is responsible and make sure you file your case before the legal deadline (735 ILCS 5/13-212) runs out.
What Are Some Examples of Medical AI Tools?
There are many examples of medical AI tools, many of which you may not even realize are guiding the future of your health. Some of these include:
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AI-powered medical imaging tools that analyze X-rays, CT scans, MRIs, and PET scans to detect brain tumors, lung nodules, or bone fractures.
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AI algorithms that identify early signs of disease, including skin cancer and heart disease.
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AI-assisted systems that guide robotic arms to enhance precision and control during some procedures.
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AI that can analyze a patient’s data to create a customized treatment recommendation.
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Predictive analytics that predict patient outcomes, enabling early intervention.
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AI’s accelerated process of finding and developing new drugs by analyzing complex biological data.
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Robotic surgery systems that can enhance a surgeon’s precision.
These new AI tools promise faster and more consistent medical care. But they also come with serious risks. When AI makes a mistake, it can cause severe injuries or even death.
When Can AI Mistakes Cause Catastrophic Injuries?
AI in medicine might misread a tumor and think it is harmless. By the time doctors find the cancer, it could have already spread. A surgical robot could misinterpret AI guidance, causing internal bleeding. An AI algorithm could recommend the wrong drug dosage, leading to organ failure or death. Predictive analytics AI could misclassify patient risk, denying the patient critical intervention.
A surgical robot could break down and cause burns or nerve damage. AI might also make a wrong recommendation, leading to an unnecessary surgery. These mistakes can cause serious harm, such as brain injuries, organ failure, paralysis, amputation, or even death.
Who Is Responsible for AI Catastrophic Injuries?
The question of who is responsible for a catastrophic injury caused by AI is complicated. Under normal malpractice rules, doctors must act the same way another well-trained doctor would in the same situation. When AI is used, the question becomes whether the doctor relied too heavily on an AI algorithm.
While the courts apply negligence standards to human oversight, it is not applied directly to machines. Hospitals in Illinois could face vicarious liability claims for using an unapproved or unvetted AI tool. A product liability claim for a defective AI system could be filed, but the key question here is whether AI is considered a product or a service.
Those who may be held responsible include software developers, medical device makers, hospitals that use unsafe AI systems, and companies that sell AI as independent decision-makers. The case may require expert forensic analysis to trace the source of the algorithmic failure.
Contact a Grundy County, IL Medical Malpractice Lawyer
When an AI-powered medical system or algorithm causes a catastrophic injury or death, you must act quickly. Talking to an experienced Morris, IL wrongful death attorney from Carlson Law Group, P.C. can make sure your case is investigated the right way and that justice is pursued for you. Attorney Carlson has over 20 years of experience and has served as both a judge and a prosecutor, giving his clients a strong advantage.