HealthLawProf Blog

Editor: Katharine Van Tassel
Case Western Reserve University School of Law

Tuesday, November 28, 2023

Regulating the Revolution: A Legal Roadmap to Optimizing AI in Healthcare

Fazal Khan (NexBridge Consulting), Regulating the Revolution: A Legal Roadmap to Optimizing AI in Healthcare, Minn. J. L. Sci. & Tech. (2024):

The integration of artificial intelligence (AI) into healthcare holds immense potential to enhance efficiency, quality, and access, but also elicits profound ethical and legal challenges necessitating thoughtful governance. This article undertakes a comprehensive analysis of the multifaceted landscape of regulating medical AI to foster responsible innovation aligned with societal values. It surveys key drivers compelling adoption, while scrutinizing risks of algorithmic bias, privacy breaches, dehumanized care, and workforce disruption. Reforms to professional licensing and scope of practice are examined to balance innovation and quality of care. The opaque “black box” nature of AI systems is analyzed to elucidate issues of accountability, fairness, and discrimination. Appraisal of the FDA’s novel regulatory approach offers constructive analysis and parallels to the Boeing 737 Max crisis are drawn. Complex legal considerations including liability, privacy, consent, and cybersecurity are investigated to advocate balanced policymaking among stakeholders.

Overall, the article argues for regulatory dynamism, interdisciplinary collaboration, and human-centered design in governing healthcare AI. It advocates stimulating innovation under oversight, addressing workforce impacts, and keeping technological prowess subordinate to human values and medical ethics. With prudent regulation centered on moral principles, this technological frontier can be navigated to equitably enhance medicine without forfeiting trust, transparency and justice. Law bears profound responsibility in shaping an ethical and compassionate future for healthcare.

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