Hey team interesting take from the US perspective on liability of using AI Do we

Discussions
1

Hey team - interesting take from the US perspective on liability of using AI. Do we know if HDC has been approached to begin to feel out this space in the New Zealand context? jama_price_2019_vp_190132.pdf (115 KB)

2

Sorry can’t help you there Matthew in terms of what the HDC is (or isn’t) doing. The definition of ‘treatment injury’ in the ACC Act may also need to be revisited and it could be interesting to get MPS’s take on the situation.

3

@Melissa_Barry might know something about this. Will also ask a couple of others at ACC. Feels like a place that might be thinking about this.

4

Thanks for sharing. There are still hurdles ahead, one of the most prominent is the nature of bias in AI.

https://www.mckinsey.com/featured-insights/artificial-intelligence/tackling-bias-in-artificial-intelligence-and-in-humans

https://www.technologyreview.com/s/612876/this-is-how-ai-bias-really-happensand-why-its-so-hard-to-fix/
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5

Have you heard from Ms. Barry - I’ve not met her, but would be interested in a conversation and perspective on this from ACC. I am likely going to seek a similar opinion from MPS in terms of personal liability for physicians using these tools.

6

Have just chased.

7

Got an answer which effectively was - ACC is no fault and full coverage so liability is not of particular interest.

8

have we asked HDC? ACC would cover potential patient harm - though I would be interested in the first missed diagnosis case how this plays out. E.g. doctor uses app, mis-diagnoses a patient, then patient pushes ACC for mis-diagnosis coverage (already a contentious set of claims for ACC).
HDC would cover more the doctor and system liability.
MPS would cover the personal liability.