Is Watson for Oncology per se Unreasonably Dangerous?: Making A Case for How to Prove Products Liability Based on a Flawed Artificial Intelligence Design

Artificial Intelligence in Pharmacovigilance: An Introduction to Terms, Concepts, Applications, and Limitations

The tools of artificial intelligence (AI) have enormous potential to enhance activities in pharmacovigilance. Pharmacovigilance experts need not be AI experts, but they should know enough about AI to explore the possibilities of collaboration with those who are. Modern concepts of AI date from Alan Turing's work, especially his paper on "the imitation game", in the late 1940s and early 1950s. Its scope today includes computational skills, including the formulation of mathematical proofs; visual perception, including facial recognition and virtual reality; decision making by expert systems; aspects of language, such as language processing, speech recognition, creative composition, and translation; and combinations of these, e.g. in self-driving vehicles. Machines can be programmed with the ability to learn, using neural networks that mimic cognitive actions of the human brain, leading to deep structural learning. Limitations of AI include difficulties with language, arising from the need to understand context and interpret ambiguities, which particularly affect translation, and inadequacies of databases, requiring careful preparation and curation. New techniques may cause unforeseen difficulties via unexpected malfunctioning. Relevant terms and concepts include different types of machine learning, neural networks, natural language programming, ontologies, and expert systems. Adoption of the tools of AI in pharmacovigilance has been slow. Machine learning, in conjunction with natural language processing and data mining, to study adverse drug reactions in databases such as those found in electronic health records, claims databases, and social media, has the potential to enhance the characterization of known adverse effects and reactions and detect new signals.

AI in Cardiovascular Imaging: "Unexplainable" Legal and Ethical Challenges?

Nowhere is the influence of artificial intelligence (AI) likely to be more profoundly felt than in healthcare, from patient triage and diagnosis to surgery and follow-up. Over the medium term, these impacts will be more acute in the cardiovascular imaging context, in which AI models are already successfully performing at roughly human levels of accuracy and efficiency in certain applications. Yet, the adoption of unexplainable AI systems for cardiovascular imaging still raises significant legal and ethical challenges. We focus in particular on challenges posed by the unexplainable character of deep learning and other forms of sophisticated AI modelling used for cardiovascular imaging by briefly outlining the systems being developed in this space, describing how they work, and considering how they might generate outputs that are not reviewable by physicians or system programmers. We suggest that an unexplainable tendency presents two specific ethico-legal concerns: (1) difficulty for health regulators and (2) confusion about the assignment of liability for error or fault in the use of AI systems. We suggest that addressing these concerns is critical for ensuring AI's successful implementation in cardiovascular imaging.