Who Gets Sued When a Robot Surgeon Fails? AI, Law, and Medical Liability in the U.S.
The University of Miami Business Law Review article, "The AI-Robotic Prescription: Legal Liability When an Autonomous AI Robot is Your Medical Provider", addresses the increasing use of autonomous AI robots in healthcare and the legal challenges associated with assigning liability when these robots cause harm. The author calls for proactive federal legislation, guided by the FDA, to create a clear liability framework that protects patients and encourages technological innovation. The article argues that traditional tort law principles of medical malpractice and product liability may be insufficient to address the unique complexities of AI-driven medical devices. It examines the FDA's regulatory role, different theories of tort liability, and ethical considerations related to AI in medicine. The article advocates for a regulatory system that balances medical malpractice and product liability to account for all stakeholders involved in the device's lifecycle and its level of autonomy.