How an M.L.S. Prepares You for the Legal Implications of AI in Healthcare

With such a wide range of legal and ethical issues surrounding the use of AI in healthcare, those working in this dynamic industry must stay ahead of the curve as changes occur.
How an M.L.S. Prepares You for the Legal Implications of AI in Healthcare

While artificial intelligence (AI) has been around for decades (with the first documented use of AI dating back as far as the 1950s), it is certainly true that AI technologies have evolved greatly over the past several years. Today, AI chatbots like ChatGPT and OpenAI are transforming the way we handle everyday tasks. Meanwhile, entire industries are being revolutionized by AI—and healthcare is no exception.

Specifically, enrolling in a Master of Legal Studies program can be an ideal way for these professionals to navigate AI challenges more confidently in the coming months and years.

Understanding AI in Healthcare

There's no denying the presence of artificial intelligence tools and technologies in the healthcare field. Over the past few years in particular, AI has been relied upon more heavily in a range of healthcare and medical settings.

The Evolution and Current State of AI Technologies

The use of AI in healthcare has picked up significantly over the past several decades. Beginning in the 1970s, the first AI applications were used to help solve biomedical problems. Today, however, AI technology is leveraged for everything from screening and triaging to telemedicine and mental health care.

Key Applications of AI in Healthcare Settings

Various examples of AI applications exist in healthcare settings, including the use of AI in medical diagnoses. Today, AI software can be effective in predicting and even diagnosing diseases more readily than some medical professionals through the use of predictive data modeling. In other cases, AI is used to enhance the patient experience by providing more responsive and prompt care. In surgery, AI is helping surgeons perform procedures more accurately and less invasively than ever before.

Three Legal Implications of AI in Healthcare 

There are three major legal implications of AI in healthcare as it exists today; these relate to topics of patient privacy, data protection, and liability/malpractice concerns. Of course, it is worth noting that these AI legal issues in healthcare are likely to change over time as technology continues to develop and improve.

Patient Privacy

One major legal implication to consider as more healthcare facilities adopt AI tools is that of patient privacy. Oftentimes, AI tools in healthcare require the collection of large amounts of potentially sensitive information, and healthcare facilities then face an essential responsibility to keep patient information private. This can become especially complex when it comes to following certain regulatory compliance standards, such as the Health Insurance Portability and Accountability Act (HIPAA).

With patient privacy topics covered in a Master of Legal Studies program, healthcare professionals can gain a better understanding of patient privacy concerns surrounding AI technology and how to navigate them.

Data Protection

Closely related to the issue of patient privacy in AI is the legal implication of data protection. Those working in the healthcare field need to have a firm grasp on their own responsibilities and obligations regarding how data is collected, stored, and shared using AI tools. Likewise, ensuring that patients receive informed consent as to how their health data will be used and protected is a must for avoiding potential legal and compliance issues. In a comprehensive M.L.S. program that covers AI and cybersecurity topics in healthcare, students can delve into data protection as it relates specifically to the use of AI in healthcare.

Liability and Malpractice Concerns

Another potential implication to consider regarding the use of AI in healthcare is a rise in liability and malpractice. For instance, consider a scenario where a patient receives bad medical advice from an AI chatbot. Who is liable for any injury or harm that occurs as a result? Healthcare professionals need to be well-versed in the ins and outs of these liability and malpractice concerns to ensure they are using AI responsibly while protecting themselves and their patients in the process.

Ethical Considerations of AI in Healthcare

Just as potential legal issues of AI in healthcare must be considered, it is also imperative for healthcare professionals to understand the ethical implications of AI in healthcare, particularly as it relates to ensuring fairness, navigating AI decision-making, managing informed consent, and handling data responsibly.

Ensuring Equity and Fairness in AI Algorithms

As more healthcare practices begin to adopt AI technology, one notable ethical issue is that of equity and fairness—especially when it comes to the algorithms that many AI software platforms use. Healthcare providers are tasked with choosing software and tools carefully to ensure that any potential biases in algorithms are eliminated. This, in turn, can help promote health equity and fairness even among underrepresented patient populations.

Navigating the Moral Dilemmas of AI Decision-Making

Another key consideration surrounding the use of AI in healthcare decision-making is that AI algorithms and software are devoid of the human component. Consequently, AI tools are not't able to apply compassion or other ethical principles when making recommendations on the treatment or management of a disease or medical condition. With a better understanding of how AI tools operate, healthcare professionals can properly navigate and work around these pressing moral dilemmas.

Informed Consent

When treatment options are presented to patients, it is crucial that they have a comprehensive understanding of any procedures and their potential risks or side effects. However, when AI technology is added to the equation, the informed consent process can become even more complicated. Healthcare professionals should understand the potential issues surrounding AI and informed consent so they can work to ensure all patients have the information they need when deciding on treatment.

Data Ownership

As more medical practices implement AI technology, the ethical issue of data ownership is likely to become more encompassing. This is especially true as there is an ongoing push for different AI platforms and technologies to share medical data as a means of enhancing understanding and optimizing patient care. At the same time, healthcare professionals have an essential ethical and legal obligation to ensure that data security and patient privacy laws are followed.

The Role of M.L.S. Programs in Navigating AI Challenges

A Master of Legal Studies program can provide a helpful foundation for healthcare professionals to navigate the complex legal and ethical implications of AI in their fields.

Curriculum Focused on Legal and Ethical Implications

An M.L.S. with a curriculum focused specifically on AI law and ethics in healthcare provides students with the specialized education they need to raise important ethical concerns and handle them wisely.

Preparing Healthcare Professionals for AI Integration

As more healthcare facilities begin integrating AI technology into their everyday operations, there will be an increased demand for healthcare workers who are well-versed in the nuances and complexities of these technologies and how to work around them.

Skills Necessary for Managing AI Technologies

Different AI technologies will require a wide range of skill sets, so healthcare workers at all levels can benefit from the knowledge imparted by a Master of Legal Studies program with an emphasis on AI in healthcare.

Strategies for Effective AI Implementation and Oversight

Implementing AI technologies and ensuring they follow critical compliance and legal standards is a must for all healthcare facilities. With the knowledge gained from an M.L.S. program, healthcare workers can become equipped with strategies for effective AI implementation and oversight, thus making the employees more valuable assets in their respective workplaces.

Regulatory Landscape for AI in Healthcare

The regulatory landscape will continue evolving as AI healthcare technology progresses. An M.L.S. education can provide healthcare workers with the know-how and skillset needed to maintain regulatory compliance as changes occur.

Current Regulations Governing AI Use 

While AI is not exactly brand-new technology, it is being used across the healthcare industry and in other fields more than ever in recent years. As a result, federal and state governments have had to scramble to draft and pass regulations governing AI use to protect consumers and patients alike.

Numerous regulations are already in place at the state and federal levels regarding the use of AI in healthcare, along with some proposed laws that you can read about in greater depth here. These include regulations related to AI in mental health care and the ability of AI technologies to prescribe drugs to patients.

Future Outlook of AI in the Healthcare Sector

As AI capabilities evolve and advance, so will the need for new laws and regulations to protect healthcare workers and the patients they serve. Only time will tell what the future of AI will look like in the healthcare sector, but the fact remains that healthcare professionals in all areas of the field must stay informed.

How to Prepare for the Next AI Innovations in Healthcare

As rapidly as AI technology is expanding, healthcare professionals need to stay prepared and current with the latest AI innovations in the field. Additionally, remaining informed on regulations and compliance standards related to AI in healthcare can help ensure your practice is protected from potential legal issues while continuing to provide your patients with the highest standard of care.

The best way to prepare for the next generation of AI innovations in healthcare is to commit to continuing education. Enrolling in an M.L.S. program, for example, can be an excellent way to stay on top of the latest topics regarding the legal implications and ethics of AI in healthcare. Likewise, subscribing to industry newsletters and following reputable healthcare journals can keep you up to date on developments as they occur.

Learn More About AI Implications with an M.L.S. Degree Program 

Regardless of your current position in the healthcare field, all medical professionals should be informed on the latest legal issues and ethical implications of AI in the field. In doing so, you can be better prepared to perform your job, serve your patients, and keep your practice running smoothly.

With the right online Master of Legal Studies program, you can enhance your understanding of the legal aspects of AI and healthcare while advancing your career. At the University of Miami School of Law, our M.L.S. curriculum is even offered with a number of track options (including healthcare and cybersecurity), so you can customize your experience to suit your professional growth.

Learn more about our online Master of Legal Studies program and all that it has to offer for healthcare professionals by getting in touch today.

Sources

https://admissions.law.miami.edu/academics/mls/

https://admissions.law.miami.edu/academics/mls/curriculum/ 

https://www.xsolis.com/blog/the-evolution-of-ai-in-healthcare/

https://www.holisticai.com/blog/healthcare-laws-us

 



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