How Artificial Intelligence impacts on Professional Indemnity

Recently Theresa May called for the NHS "to embrace AI in an effort to better detect early-stage cancer and chronic diseases, potentially saving 22,000 lives each year by 2023." Questions remain about who would be medically and legally responsible if a patient receives a misdiagnosis from the results of an AI algorithm. 
 

AI and robotics are being incorporated into the diagnostic and surgical process. As this novel technology is increasingly integrated into the world of healthcare, a collection of issues around the attribution of liability will emerge. This movement in a new direction will likely see the burden of accountability extending to manufacturers and software developers involved in the production of these technologies

AI-assisted robotic surgery

Rapid advancements in science and manufacturing indicate that hospitals will most likely feature artificially intelligent robots in the future. Whilst robots have supported surgeons for many years by aiding their movement and precision during surgery, the application of AI technology in this field is fairly new.

Robots operating with AI have the ability to analyse data from medical records and past operations to help guide a surgeon’s instrument whilst in theatre and inform new surgical techniques. Such benefits have been found in a study of orthopaedic patients; AI-assisted robotic procedures resulted in five times fewer complications compared to surgeons operating alone. 

Moorfields Eye Hospital and Google’s Deep Mind division have partnered to research machine-learning algorithms using vast amounts of data. One million Optical Coherence Tomography (OCT) scans and labelled examples of retinal diseases will be shared by Moorfields, the algorithms capability to learn to spot a retinal disease will be measured. The project has been established to increase the speed at which patients are diagnosed and treated.

Other machine-learning projects are focusing on surgery and refining AI assistance in operations. Paving the way for safer surgery and reduced harm to patients, the Oxford Robotics Group have investigated ways to use machine learning and developments in computers visual perception to accurately map and monitor the top of the surgical tool during delicate cataract operations.

Innovation does not come without risk

Previously, substantial claims worth millions of dollars have been obtained from the creators of the Da Vinci robot – Intuitive Surgical – due to the lives lost under its operation. Injuries allegedly resulting from robot-assisted surgeries, such as infections and burns, have also lead to liability claims against manufacturers.

To mitigate the effects of these catastrophes, AIG has introduced a robotics shield policy which is said to provide “end to end risk management” for the robotics industry. However, on the whole, insurance markets have not entirely addressed the forthcoming impact of AI technology. It seems that changes in insurance policies are lagging behind the development of AI, ultimately leaving a broad range of professionals exposed to risk.

The risk associated with AI could be managed through Professional Indemnity Insurance, Product Liability Insurance, Medical Negligence Insurance, or insurance products specifically developed for the surgical robot industry. Professionals at risk should review their insurance cover and ensure that their losses would be protected under their existing policies.