Innovative medical devices have changed the healthcare landscape and will continue making dramatic improvements in patient care. Nevertheless, the growth of such devices will inevitably lead to increased litigation over their alleged failures. All companies developing healthcare tech therefore need to consider measures to protect themselves against potential claims.
Any litigation that arises from medtech that uses AI – especially AI used as part of a diagnosis or intervention – is likely to be complicated. Medtech often involves a complex chain of actions involving a number of different parties, ranging from medical device manufacturers to programmers to physicians. If AI is blamed for misdiagnosing a patient, it may be attributed to a series of connected events rather than to a single failure. In such circumstances, personal injury plaintiffs may seek remedies against everyone involved in their care.
This could potentially include the manufacturer who developed and marketed the AI, but might also include the doctor who input data into the AI or interpreted data coming