The Future of Medical Malpractice
The future of medicine is rapidly evolving, thanks to advancements in technology and the integration of artificial intelligence (AI) in healthcare. However, these technologies present a double-edged sword. While they streamline diagnostics and create higher standards of care, they also create complex challenges with regards to accountability and liability, potentially leading to an increase in lawsuits related to medical injuries. This raises the question: how do these changes affect your rights as a patient? We are here to provide insights into the future of medical malpractice in California, with an emphasis on patient rights.
Is technology good or bad?
With the ever-expanding role of technology in healthcare, the debate over its impact on medical malpractice is ongoing. Many are quick to argue that the use of AI and advanced technology in clinical settings and hospitals can lead to better patient care. These technological advancements enhance the accuracy of diagnoses, streamline surgical procedures, and provide healthcare professionals with valuable insights. However, there are two sides to every coin.
As technology continues to advance, it can also introduce new avenues for medical malpractice. For example, the use of machine vision for medical imaging is one of AI’s most promising applications, but it brings up legal questions concerning liability, especially as there is a lack of case law to guide these scenarios.
Helping You Cope
Typically, machine vision models are “black boxes,” making it difficult to see why the model makes a particular decision or diagnosis. One can argue that human decision-making works in a similar way. However, after giving a diagnosis, a physician can be asked to explain her decision, which they can often do very easily, while AI at the current moment cannot.
Furthermore, there is potential for errors in diagnosis, despite the accuracy of machine learning. In some cases, doctors may rely too heavily on AI when making critical medical decisions, thus negatively impacting their expertise. AI algorithms may also be inaccurate, which could lead to dangerous outcomes for patients, particularly in the case of surgery and emergency procedures. Physicians may be held liable when their reliance results in actions that fall below the standard of care.
It’s important to remember that AI cannot be sued for medical malpractice since it’s not licensed to practice medicine. However, if a patient is harmed due to an AI mistake, they could sue the manufacturer for creating a faulty product. Furthermore, hospitals, emergency care, and healthcare institutions could be sued over the actions of its physician employees for unsafely using an AI/ML algorithm.
Your rights as a patient
The future of medicine will undoubtedly be shaped by technology, AI, and changing liability dynamics. Therefore, it is crucial to be aware of your rights regarding medical malpractice laws in California, especially in areas like San Diego. While technological advancements in healthcare are on the rise, patient rights — your rights – should remain a top priority.
If you have been a victim of medical malpractice at Kaiser Permanente, or other hospitals in San Diego, you have the right to seek justice. With the right attorney and California law on your side, patients can take action and hold healthcare providers accountable. And if you want to know more, check out our article on why filing a complaint against Kaiser isn’t worth your time.