In a Modern Healthcare article, health care partners Jennifer Romig and Jamie Darch examined the risks of AI liability for health systems.
Jennifer provided perspective on the allocation of liability between health systems and their AI vendors in the event of a patient care issue, noting that vendors routinely push final review and approval requirements on providers that limit vendor liability. Health systems may protect themselves by imposing on vendors written standards for AI model error rates, and seeking indemnity in the event of non-compliance with such standards.
Jamie notes that, in addition to any liability that health systems may face in court, health systems may risk enforcement actions by state regulatory boards and attorneys general under new AI-focused laws and existing consumer protection laws, which can lead to additional fines and penalties.
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