Curse or Blessing? Ethical and Legal Challenges of Artificial Intelligence in Healthcare (forthcoming)

Sara Gerke, Timo Minssen, Glenn Cohen

    Abstract

    This chapter maps the ethical and legal challenges posed by artificial intelligence (AI) in health care and suggest directions for resolving them. Section 1 briefly clarifies what AI is and Section 2 will give an idea of the trends and strategies in the United States (U.S.) and Europe, thereby tailoring the discussion to the ethical and legal debate of AI-driven health care. This is followed in Section 3 by a discussion of four primary ethical challenges, namely (1) informed consent to use, (2) safety and transparency, (3) algorithmic fairness and biases, and (4) data privacy. Section 4 then analyzes five legal challenges in the U.S. and Europe: (1) safety and effectiveness, (2) liability, (3) data protection and privacy, (4) cybersecurity, and (5) intellectual property law. Finally, Section 5 summarizes the major conclusions and especially emphasize the importance of building an AI-driven health care system that is successful and promotes trust and the motto “Health AIs for All of Us”.

    Keywords: Artificial Intelligence (AI), ethical challenges, U.S. and EU law, safety and effectiveness, data protection and privacy
    Original languageEnglish
    Title of host publicationArtificial Intelligence in Healthcare
    EditorsAdam Bohr, Kaveh Memarzadeh
    PublisherElsevier
    Publication statusAccepted/In press - 26 Aug 2019

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