Ethical Challenges and the Impact of “Artificial Intelligence” on the Practice of Law and Medicine (Legal Ethics Single Session from the 2022 Annual Meeting)
Ethical Challenges and the Impact of “Artificial Intelligence” on the Practice of Law and Medicine (2022 Annual Meeting Ethics Session)
Gordon Apple, Haavi Morreim
- The vocabulary of Artificial Intelligence (“AI”). Gain an understanding of AI terms such as machine learning, deep learning, biased data sets, automation bias and black box decision making.
- Duty of Competence (Rule 1.1)
- Medical aspects:
- How should physicians, other providers integrate AI into their practice, given the challenges discussed above
- Legal aspects:
- How does the ethical duty of competence require lawyers to understand what AI can/can't do, the risks of using AI in patient care, and applicable regulatory requirements
- How AI can affect the standards of care by which medical competence is assessed, including providers' integration of AI into clinical practice
- How should attorneys advise physician/hospital clients regarding AI's effects on the standard of care
- Medical aspects:
- Duty to Communicate (Rule 1.4)
- Medical aspects:
- AI and informed consent, patient autonomy: to what extent should patients be informed about the use of AI in their care, and to what extent should patients be entitled to request/refuse the use of AI
- Legal aspects:
- How should attorneys counsel health care providers regarding disclosing the use of AI in clinical care
- What are the potential contributions vs detriments of adding AI as a "third-party" in the traditional provider/patient relationship
- Medical aspects:
- Duty to Supervise (Rules 5.1, 5.3)
- Medical aspects:
- How should physicians/other providers use AI, or not, to replace or guide subordinate providers in the clinical setting
- Legal aspects:
- How, if at all, should attorneys use AI, or not, to replace or guide subordinate providers as they provide legal counsel
- Medical aspects: