Is Artificial Intelligence (AI) a Pipe Dream? Why Legal Issues Present Significant Hurdles to AI Autonomy.

Proponents of artificial intelligence ("AI") technology have suggested that in the near future, AI software may replace human radiologists. While AI's assimilation into the specialty has occurred more slowly than predicted, developments in machine learning, deep learning, and neural networks suggest that technological hurdles and costs will eventually be overcome. However, beyond these technological hurdles, formidable legal hurdles threaten AI's impact on the specialty. Legal liability for errors committed by AI will influence AI's ultimate role within radiology and whether AI remains a simple decision support tool or develops into an autonomous member of the healthcare team. Additional areas of uncertainty include the potential application of products liability law to AI, and the approach taken by the U.S. FDA in potentially classifying autonomous AI as a medical device. The current ambiguity of the legal treatment of AI will profoundly impact autonomous AI development given that vendors, radiologists, and hospitals will be unable to reliably assess their liability from implementing such tools. Advocates of AI in radiology and health care in general should lobby for legislative action to better clarify the liability risks of AI in a way that does not deter technological development.