When a physician or provider uses AI as part of the decision-making process and harm results, who can be held liable?

write a concise one-page (about 500 words) essay that examines the legal issues and culminates in a reasoned conclusion to the question. The paper must demonstrate sufficient research of the law with appropriate citation (APA format) as well as evidence of proper application of the legal principles to the topic (question). The conclusion must be logically argued and supported.

As technology has expanded, so has the increased use of algorithms to assist medical decision-making. These algorithms, known as “black box medicine,” are not foolproof (for example, the Optum algorithm found to be racially biased).
Medical algorithms leverage massive data sets in order to identify patterns and provide information or recommendations accordingly. Because these algorithms can analyze data more quickly than humans, they’re capable of incorporating and adapting far more information than the average human’s decision-making process can.

These types of algorithms aren’t limited to medical use. Rather, they’re changing nearly every industry, from insurance claims processing to hiring decisions.

The term “black box medicine” refers to the fact that, in many cases, the algorithm itself is proprietary. Providers who use these algorithms to support decision-making don’t see how the algorithm makes its recommendations or the data sets on which the recommendation is based.

The result is that the recommendations provided by the algorithm can be difficult to analyze for accuracy. For instance, when an algorithm recommends a particular dose of insulin for a diabetic patient, questions may arise: Why that dose? Is that dose appropriate, and if so, based on what criteria?

When a physician or provider uses AI as part of the decision-making process and harm results, who can be held liable?

Rubric:
In order to receive all allotted points, the following attributes will be considered, in addition to the directions provided above:

The Author presented a well organized, concise, well-edited paper that:

A. Identified the main issues

B. Provided evidence that a thorough and insightful analysis of the issues was conducted using laws and precedents

C. Demonstrated understanding of applicable laws and precedents

D. Clearly made a decision based on laws and precedent

E. Logically explained and defended conclusions.