As artificial intelligence (AI) becomes more common in medical care, who's responsible when something goes wrong? For example, an AI diagnostic system failed to spot the cancer that was clearly visible on the scan. An algorithm missed a dangerous drug interaction that should have been flagged. A surgical robot malfunctioned during a critical procedure, causing permanent damage. These scenarios aren't science fiction—they're happening right now.
When AI contributes to a catastrophic injury, patients and their families deserve answers—and a right to health and financial recovery. No matter where you live in Texas, the skilled attorneys at Dortch Lindstrom Livingston Law Group understand how to decipher AI medical malpractice and will take action with careful investigation to determine exactly what went wrong and who ultimately bears responsibility.
AI Risks in Health Care
According to the U.S. Food and Drug Administration (FDA), “Artificial intelligence is a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.” Studies indicate that using AI in health care systems has many advantages. However, this same research also points out critical issues and liabilities involving the technology, and the FDA regulations are still evolving regarding its use. Here are just a few of the AI-related problems becoming more common in medical settings.
Diagnostic Errors
AI systems that analyze medical images, such as X-rays, CT scans, and MRIs, sometimes miss important details that could save lives. For example, an AI system might fail to detect a small tumor on a mammogram, leading to delayed cancer treatment. The system could also give false positive results, causing unnecessary anxiety and treatments.
These diagnostic errors can be especially dangerous because providers may rely too heavily on AI recommendations without double-checking the results. When a radiologist trusts an AI system's analysis without reviewing the images themselves, a missed diagnosis can have devastating consequences.
Treatment Recommendation Mistakes
AI systems suggest medications and therapies based on patient data, but these recommendations can be flawed. IBM's Watson for Oncology system sometimes recommended dangerous treatment combinations because it was trained on limited data—and was discontinued in 2023.
Without the correct input, AI systems can miss important patient history information, drug allergies, or other medical conditions that should influence treatment decisions. Physicians who accept AI recommendations for non-standard treatments may face increased medical malpractice liability if something goes wrong.
Surgical Robot Malfunctions
AI-powered surgical robots occasionally make unexpected movements, freeze during procedures, or respond incorrectly to surgeon commands. These malfunctions can damage healthy tissue and lead to permanent disabilities. Some robotic systems also have design flaws that become apparent only after they've been used on many patients, which might be evidence of a breach in the standard of care leading to negligence.
Who’s Responsible for AI Medical Malpractice?
Determining liability in AI medical malpractice cases is complicated because multiple parties may be involved, including doctors, hospitals, and technology companies. Additionally, traditional medical malpractice law is still evolving to address these new technologies.
At Dortch Lindstrom Livingston Law Group, we strive to provide you and your family with the most diligent investigative methods to uncover all parties that may be found liable for your catastrophic illness or injury.
Doctor and Hospital Liability
Providers still have a duty to extend care that meets professional standards, even when using AI systems. For example, if a physician relies on an AI recommendation without using proper medical judgment, they may be held responsible for any resulting harm. Providers are expected to understand the limitations of the AI tools they use.
Hospitals can also be liable if they fail to properly evaluate AI systems before using them or don't provide adequate training to their staff. Medical institutions serving specific patient populations could be liable for injuries from AI systems that weren't properly tested on those groups.
Technology Company Liability
Companies that design and manufacture AI medical devices may be subject to product liability claims if their systems cause harm. This can happen when the AI has design defects, inadequate testing, or insufficient warnings about potential risks.
However, proving that a technology company is liable is challenging. Many AI systems operate as "black boxes," making it difficult for people to understand exactly how they make decisions. This lack of transparency increases the complication of proving the system was defective.
How Our Houston Medical Malpractice Attorneys Safeguard Your Rights After AI Errors
If you've been harmed by AI in a medical setting, there are important steps you can take to build a solid case:
- Document everything. Keep detailed records of all medical care, including AI systems used in your diagnosis or treatment. Request copies of all records and test results.
- Seek a second opinion. Get an independent evaluation from another provider who might catch AI oversights, such as missing family history or risk factors.
- Don't delay action. Texas has a strict statute of limitations for filing medical malpractice claims, and evidence can disappear as AI systems are updated or changed.
These cases require detailed analysis of AI algorithms and system documentation. Our experienced legal team at Dortch Lindstrom Livingston Law Group understands the emerging challenges of AI medical malpractice and works with experts to help you understand your rights and fight for the recovery you deserve.