Legal and Ethical Consideration in Artificial Intelligence in Healthcare: Who Takes Responsibility?

Nithesh Naik; B M Zeeshan Hameed; Dasharathraj K Shetty; Dishant Swain; Milap Shah; Rahul Paul; Kaivalya Aggarwal; Sufyan Ibrahim; Vathsala Patil; Komal Smriti; Suyog Shetty; Bhavan Prasad Rai; Piotr Chlosta; Bhaskar K Somani

doi:10.3389/fsurg.2022.862322

Legal and Ethical Consideration in Artificial Intelligence in Healthcare: Who Takes Responsibility?

Front Surg. 2022 Mar 14:9:862322. doi: 10.3389/fsurg.2022.862322. eCollection 2022.

Authors

Nithesh Naik^{1

2}, B M Zeeshan Hameed^{2

3}, Dasharathraj K Shetty⁴, Dishant Swain⁵, Milap Shah^{2

6}, Rahul Paul⁷, Kaivalya Aggarwal⁸, Sufyan Ibrahim^{2

9}, Vathsala Patil¹⁰, Komal Smriti¹⁰, Suyog Shetty³, Bhavan Prasad Rai^{2

11}, Piotr Chlosta¹², Bhaskar K Somani^{2

13}

Affiliations

¹ Department of Mechanical and Manufacturing Engineering, Manipal Institute of Technology, Manipal Academy of Higher Education, Manipal, India.
² International Training and Research in Uro-Oncology and Endourology Group, Manipal, India.
³ Department of Urology, Father Muller Medical College, Mangalore, India.
⁴ Department of Humanities and Management, Manipal Institute of Technology, Manipal Academy of Higher Education, Manipal, India.
⁵ Department of Instrumentation and Control Engineering, Manipal Institute of Technology, Manipal Academy of Higher Education, Manipal, India.
⁶ Robotics and Urooncology, Max Hospital and Max Institute of Cancer Care, New Delhi, India.
⁷ Department of Radiation Oncology, Massachusetts General Hospital and Harvard Medical School, Boston, MA, United States.
⁸ Department of Computer Science and Engineering, Manipal Institute of Technology, Manipal Academy of Higher Education, Manipal, India.
⁹ Kasturba Medical College, Manipal Academy of Higher Education, Manipal, India.
¹⁰ Department of Oral Medicine and Radiology, Manipal College of Dental Sciences, Manipal, Manipal Academy of Higher Education, Manipal, India.
¹¹ Department of Urology, Freeman Hospital, Newcastle upon Tyne, United Kingdom.
¹² Department of Urology, Jagiellonian University in Krakow, Kraków, Poland.
¹³ Department of Urology, University Hospital Southampton National Health Service (NHS) Trust, Southampton, United Kingdom.

Abstract

The legal and ethical issues that confront society due to Artificial Intelligence (AI) include privacy and surveillance, bias or discrimination, and potentially the philosophical challenge is the role of human judgment. Concerns about newer digital technologies becoming a new source of inaccuracy and data breaches have arisen as a result of its use. Mistakes in the procedure or protocol in the field of healthcare can have devastating consequences for the patient who is the victim of the error. Because patients come into contact with physicians at moments in their lives when they are most vulnerable, it is crucial to remember this. Currently, there are no well-defined regulations in place to address the legal and ethical issues that may arise due to the use of artificial intelligence in healthcare settings. This review attempts to address these pertinent issues highlighting the need for algorithmic transparency, privacy, and protection of all the beneficiaries involved and cybersecurity of associated vulnerabilities.

Keywords: artificial intelligence; ethical issues; legal issues; machine learning; social issues.

Publication types

Review