“Decoding U.S. Tort Liability in Healthcare’s Black-Box AI Era: Lessons from the European Union” is Mindy Duffourc’s new publication.
In her article, Mindy Duffourc addresses the rapid advancements in artificial intelligence (AI) tools within healthcare, particularly focusing on the challenges posed by black-box AI systems lacking transparency. She highlights the inadequacy of current liability frameworks to address these challenges, both in the United States and the European Union, and proposes insights gleaned from comparing and analyzing these frameworks to guide courts, litigators, and policymakers in navigating AI-related medical liability issues effectively.
Key lessons from the European Union’s approach include the limitations of broad liability approaches, challenges posed by traditional fault concepts, the need for tailored product liability frameworks, and adjustments to evidentiary rules to address the complexities of cases involving AI-caused medical injuries.
About Mindy:
Mindy Duffourc is an Assistant Professor of Private Law and a member of the Law and Tech Lab at Maastricht University. She researches in the area of comparative health law and technology.