Liability for medical expert systems : an introduction to the legal implications

Abstract

Some of the possible legal implications of the production, marketing and use of expert systems are examined in this paper. The relevance of a legally useful definition of expert systems, comprising systems designed for use by both laymen and professionals, is related to the distinctions inherent in the legal doctrine underlying provision of goods and provision of services. The liability of the sellers and users of, and contributors to, expert systems are examined in terms of professional malpractice as well as product liability. A recurring theme indicates that legislators may be inclined to restrict possibilities of liability suits in order to avoid disincentives to the creation of expert systems.