The Transparency and Liability Issues Associated with AI-Based Medical Systems

This chapter examines the relationship between two of the main topics discussed in relation to smart medicine: the transparency of the AI systems used and their associated liability issues. AI is increasingly being used in the healthcare sector due to its proclaimed predictive accuracy, which purportedly enhances medical performance. However, many AI systems lack transparency, leaving the recommendations and diagnoses they produce unexplained. This chapter therefore discusses the importance of the techno-normative design choices made in AI-based medical systems as a way of mitigating any risks to a patient’s health. Notwithstanding this discussion, we do highlight that both traditional and AI-powered medicine are, to some extent, characterized by intrinsic opacity. Therefore, we also discuss the consequences of implementing the AI systems to standard of care.