Digital health technology-specific risks for medical malpractice liability.

Rowland, Simon P; Fitzgerald, J Edward; Lungren, Matthew; Lee, Elizabeth Hsieh; Harned, Zach; McGregor, Alison H · NPJ Digit Med · 2022

expert_opinion · Level V

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Abstract

Medical professionals are increasingly required to use digital technologies as part of care delivery and this may represent a risk for medical error and subsequent malpractice liability. For example, if there is a medical error, should the error be attributed to the clinician or the artificial intelligence-based clinical decision-making system? In this article, we identify and discuss digital health technology-specific risks for malpractice liability and offer practical advice for the mitigation of malpractice risk.