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- Newsgroups: comp.ai
- Path: sparky!uunet!usc!sol.ctr.columbia.edu!destroyer!wsu-cs!vela!pd-dom!schuette
- From: schuette@wl.com (Wade Schuette)
- Subject: Re: Legality of Expert Systems
- Message-ID: <1992Sep9.225854.1619@wl.com>
- Keywords: liability, legality
- Organization: Warner Lambert / Parke-Davis
- References: <1992Sep9.181516.4165@msuinfo.cl.msu.edu>
- Date: Wed, 9 Sep 1992 22:58:54 GMT
- Lines: 44
-
- In article <1992Sep9.181516.4165@msuinfo.cl.msu.edu> chesney@golden.cps.msu.edu (David R Chesney) writes:
- >Has anyone done any work on liability issues as related to knowledge
- >based systems? Example: I confer with an expert and I build an
- >expert system for air traffic control. This system is then used
- >at an airport by a air traffic controller. Plane go booom! Who's
- >responsible, the original expert who gave incorrect advice, the
- >knowledge engineer who built the system, or the air traffic controller
- >who used the incorrect information?
- >
- >Dave
-
-
- The FDA has done some thinking about this, in regard to what constitutes
- a medical device and who is responsible. At the current time only a person
- is allowed to be responsible, or your software is a "medical device" if it
- makes decisions and alters the patient. (excluding room thermostats, I guess.)
-
- Quesition of liability raises the issue of Licensing the practitioners in
- the field, so you have something you can remove, along with a whole set
- of Specialty Board exams.
-
- A related question is, at what point will a Physician or Hospital be
- successfully sued for FAILING to use an expert system which CLEARLY would
- have PREVENTED the problem which followed. (Best use of "expert systems"
- possibly being to replace the BOTTOM third of the bell-curve of performance.)
- Forget even "expert". At what point will a hospital in which a patient dies
- due to a milligram per kilogram error in dosing, which could trivially have
- been caught by a system which knew the drug, the patient weight, etc., be
- sued for failing to use such a system. Radio were not required on ships
- until an insurance company rejected a claim from a ship which ran aground
- in a storm off long Island, when the company said use of a radio would have
- alerted the captain and the loss would not have occurred -- suddenly all
- ships got radios.
-
- Wade
-
- D
- D
- Whole question of liabilityu
- --
- ====================================================================
- R. Wade Schuette | All opinions expressed are personal.| B> |
- Ann Arbor, MI USA | | :) |
- schuette@wl.com | *** "Synergize Scientists!" *** | B> |
-