Introduction
Artificial Intelligence (AI) involves the use of computers to perform tasks that are generally assumed to be conducted with the help of human intelligence. In recent years, it has become an issue that is discussed in almost every domain of technology and engineering. Massive scientific competitions such as ImageNet Large Scale Visual Recognition Issues have provided detailed data that depicts that computers can achieve human-like competence in image recognition. Although AI has been instrumental in both natural language processing and speech recognition, there have been debates on whether the same prosperity can be achieved in health and health care. According to (Lukowicz, pg. 97), artificial intelligence can perform clinical health diagnostics on medical images at an enhanced level to experienced clinical, at least in very detailed and specific examples. The rise and complexity of health care data indicate that artificial intelligence will be increasingly be utilized within the medical field.
Different types of AI have already been implemented by providers of care, payers, and life sciences organizations. The significant application constituents include patient engagement and adherence, diagnosis and treatment recommendations, and administrative functions. Nonetheless, data privacy and intellectual property issues have been the major issues that are affecting the implementation of artificial intelligence in the U.S healthcare systems. Healthcare centers are exposed to an extensive amount of data of the U.S population through the use of Electronic Health Record (EHR). Therefore, there is a discussion if they can protect such sensitive and confidential data has been a primary reason that has slowed the utilization of digital technology into the U.S health care system. Apart from data privacy and intellectual property challenges, the most significant issue has been whether AI can be adopted into daily practices. The reason being is that for large-scale adoption to happen, there is a need for AI systems to be approved by regulators, standardized to sufficient degree to incorporate other systems, and its integration with EHR systems. Due to these challenges, the implementation of artificial intelligence has led to increased ethical and legal issues that differentiate depending on distinct organizational policies and regulations. In simpler terms, apart from the standardized ethical and legal framework surrounding the use of digital technology in health care centers, they are improvised issues depending on the different organizations, as earlier mentioned. These improvised policies and regulations formulated by various health care facilities have led to litigation matters on federal and state court levels on the reason of violating the standardized ethical and legal policies in regards to the use of artificial intelligence in hospitals.
The Purpose of the Report
Since the inception of artificial intelligence into the health care system, it has led to the rise of ethical and legal issues in which some of them have been presented to state and federal court for litigation matters. The report covers the legal and ethical issues in regards to data privacy. Data privacy has been a significant concern upon the implementation of AI into the health care system. The reason being is that digital technology systems such as the EHR system retrieve and records an extensive amount of U.S citizens. There is fear that the data may be used for wrong reasons that intended (Shaik, pg. 217). There have been speculations that large companies that boast strong financial muscles pay a significant amount of money to buy the people information, which includes age, location, gender, and marital status to advertise their products. Therefore, the report acknowledges that although data privacy should be taken with the utmost consideration, it should not be the primary issue that has slowed down the use of AI in health care systems. Instead, there is a need to formulate ways that can limit the inappropriate use of data since AI has been instrumental in diagnosis and treatment approaches in health care systems. However, the report will not cover 'who is at fault' issue. As earlier mentioned, AI primarily involves the use of computers to diagnose and treat patients in health care facilities. In the case of an accident, there will be a dilemma on the guilty party liable to the challenge. Is it the programmer in the organization? Is it the company of the digital system? Or is it the source of the code?
Nonetheless, there is a specific and detailed procedure to be used to determine and address the challenge statements. There will be the use of trusted websites that would list and explain the challenges that multidisciplinary team members, which include physicians, and nurses experience in their daily activities. The information will help determine if the successful implementation of artificial intelligence would help solve such impending challenges. Secondly, conducted researches that have been analyzed and applied indicate that artificial intelligence can effectively be implemented into the health system. The reason being is that it enhances the quality of care, especially in diagnostic and treatment areas, which will be fundamental strategies to address the challenge statements (Houlton, pg. 12). The reason being is that extensive researches have been done on the topic of artificial intelligence and healthcare for an extended period. The investigations which have been conducted in large settings worldwide would be an ideal approach to determine the benefits of the AI in health care systems because of guaranteed accurate results.
Facts Scenario
On 4th March 2017, a hearing was held before the Appeal Committee at the United States Court of Appeal to consider allegations receive by small-scale organization committees. The complaint was that health care facilities and hospitals are selling patients data to large corporations that would be later utilized in advertising purposes and thus play a significant role in the market. The complaints believe that it is challenging to compete with large organizations in the market due to the unfair advantage that they receive through buying of people's data in hospitals and health care facilities (Houlton, pg. 32). The governing of code of data privacy contains provisions that inhibit the inappropriate use of people's data for personal or commercial gain because it is bleaching of human rights and privacy.
Similarly, the governing code of data privacy entails that corporations that are guilty of the offense will be punished because it constitutes gross misconduct that may lead to harm or death. The court issue prompted the Appeal Committee at the United States Court of Appeal to limit the use of Artificial intelligence into the U.S hospitals until the effect of data privacy is addressed (Shaik, pg. 215). The Appeal Committee ascertains that data privacy is a significant concern in the United States, and it should be taken with utmost attention because similar information is utilized in cyber threats and terrorist attacks.
Issues
Several challenge statements have been solved upon implementation of artificial intelligence into the health care system which includes
Robot-assisted surgery will allow surgeons to use more expert tools to be more precise in the emergency room; as well as provide real-time data during operations all while drawing data from previous successful activities improving efficiency over time:
(ii) Virtual nursing assistants as a primary source of patient engagement will cost substantially less as a workforce and enable constant supervision of patients to remind them of upcoming appointments or to take medication, as well as answer medical inquiries;
(iii) AI will provide administrative workflow assistance, cutting labor costs while boosting the accuracy and efficiency of medical paperwork and patient information.
The afro mentioned challenges are adequately addressed through the use of artificial intelligence into the health care system. Henceforth, limiting the use of AI into the health care system because large corporations are buying patient's data for commercial gain should be addressed without interfering with the functioning of the AI into the health care system. The reason being is that such rapid actions will lead to various ethical and legal issues that will be highlighted below.
Legal Issues
Due to the ongoing litigation matter, the Appeal Committee at the United States Court of Appeal decided to limit the use of artificial intelligence machines in health care centers. The reason being is that there is inappropriate misuse of people's data by different health care facilities (Kluge, pg. 12). The allegations made by the small-scale organization committees are false claims, and it used the applications to get unhealthy competition in the market. Therefore, according to the false allegations and whistleblower act, the accusers need to be prosecuted for several actions that led to the submission of a fraudulent application. The main activities that may constitute violations under the False Claims Act include:
Knowingly use of a fraudulent claim to decrease the use of a digital machine that is used to diagnose and treat patients.
Knowing presenting to the federal government with a fraudulent claim of inappropriate use of people's data as a competitive strategy to rival organization, thus jeopardizing the lives of others due to selfish interests.
They are conspiring with other organizations and health care facilities to give false claims that large corporations are buying patient's information for advertisement purposes.
Ethical Issues
The use of artificial intelligence devices has been incorporated into the health care system to enhance the patient's lives. The reason being is that it helps in different dimensions, which include the diagnostic and treatment of specific ailments. Therefore, the limitation to the use of artificial intelligence because of ongoing litigation matters that there is inappropriate use of patient's data for profit gains by large corporations is wrong. There is a need to find appropriate ways to investigate the case presented in court without interference with the normal functioning of health care facilities (Kassam, and Kassam, pg.27). The Appeal Committee at the United States Court of Appeal should understand that the use of artificial intelligence has been critical in providing administrative workflow assistance, cutting labor costs while at the same time boosting accuracy and efficiency of medical paperwork and patient information. Therefore, the lack of access to these data due to poor incorporation of healthcare IT systems is dangerous since physicians may give medication that may counter-attack with an earlier treatment.
Research Undertaken, Analyzed and Applied
The research undertaken was the potential benefits of artificial intelligence (AI) in the healthcare system. The study was to determine if AI will be useful in minimizing human errors that are observed in different healthcare areas such as surgery. Additionally, the research was to evaluate AI effectiveness to enhance administrative workflow assistance, medical paperwork, and patient data (Yang, and Veltri, pg.13). Firstly, surgical robots have been proven to provide 'superpowers' to surgeons because it helps them enhance their visions, become precise with a minimum invasive incision in stitching wounds, and so forth. Therefore, although human surgeons do surgical procedures, the use of robotic surgery has been effective in limiting errors that were initially common in human surgeons. According to (Krupinski, pg. 23), there has been a 97% accuracy in standard surgical procedures compared to the initial 82% before the introduction of artifici...
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