Regulating Adaptive Black-Box Medicine
Part of Academic Insights in Law & Tech: A Webinar Series
Live Webinar
12:00 pm - 1:00 pm Central
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Overview
This webinar explores the blend of reforms to both public and private law doctrines that are needed in response to the use of medical AI that is not only opaque, but also adaptive. Regarding public law, rather than focusing its regulatory attention squarely on dynamically inscrutable AI tools themselves, the FDA can regulate the social and technical processes governing the use of AI systems in the care of patients. However, if the agency adopts this sort of process-based approach, it will need to explore how such a regulatory scheme would interact with existing tort doctrines. This is so because a more process-based regulatory scheme does not provide the protection from civil liability that is typically afforded to devices that have completed the FDA’s most stringent product-based review. The specter of civil liability is a challenge for both plaintiffs and defendants: Traditional tort doctrines like malpractice or products liability are ill-suited to address dynamically inscrutable AI systems. A particular form of enterprise liability known as common enterprise liability offers a path toward circumventing these doctrinal challenges. By both filling doctrinal gaps and addressing any injuries that aren’t prevented through ex ante regulations, common enterprise liability can overcome the challenges faced by traditional tort doctrines to supplement the process-based regulatory approach for adaptive and opaque artificial intelligence tools.
Webinar begins at 12:00 pm Central
Duration: 1 hour
Registration Options
- $25 - Regular Registration
- $0 - ILT Advisory Board Members
- $0 - ILT Sustaining or Supporting Member Employees
(Not sure if your company’s a member? Check here.) - $0 - YTP Members
- $0 - Law Students (includes a membership in ILT's Young Technology Professionals' Committee)
Speaker
Benjamin T. Sundholm
Forrester Fellow
Tulane Law School
New Orleans, LA
CLE Credit
This program is approved by the State Bar of Texas for a total of 1.0 hour, of which none will apply to ethics/professional responsibility credit. Texas Course ID Number: 174222585.
This online program has not been approved for MCLE credit in any other jurisdictions. If requested by attendees, CAIL will request accreditation in California, New Mexico, Ohio, Oklahoma, Pennsylvania and West Virginia. Accreditation has not been sought or approved in these jurisdictions at this time. MCLE credit will not be requested in any other jurisdiction.
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