[net.ai] liability for expert systems

geb@cadre.UUCP (10/06/84)

This is a subject that we are quite interested in as we
develop medical expert systems.  There has been no court
case nor precedent nor law covering placement of blame
in the cases of errors in expert systems.  The natural
analogy would be medical textbooks.  As far as I know,
no author of a textbook has been found liable for errors
that resulted in mistreatment of a patient.  Therefore,
the logical liability should lie with the treating physician
to properly apply the knowledge.

Having said this, it is best to recognize that customs such
as this were developed in a much different society of 100
years ago.  Now every possible person in a case is considered
fair game and undoubtedly until a court rules or legislation
is passed, you must consider yourself at risk if you distribute
an expert system.  Unfortunately, there is no malpractice
insurance available for programmers and you will find a clause
in just about any other insurance that you might carry that
states that the insurance you have doesn't cover any lawsuits
stemming from the practice of your profession.  Sorry.

forbus@uiucdcsb.UUCP (10/09/84)

	Actually, the closest analog to expert systems in current medical
practice are equipment used in performing laboratory tests.  Doing them
properly (and under the proper circumstances) is covered for liability
purposes by the idea of an "approved medical procedure".  There are,
or so I'm told, standard ways of getting such "procedures" approved,
and this might be the best route for programmers wishing to avoid
malpractice suits.