NCJ Number
101485
Journal
Computer/Law Journal Volume: 5 Issue: 2 Dated: (Fall 1984) Pages: 217-231
Date Published
1984
Length
15 pages
Annotation
This paper discusses the possible effect of the development of computerized medical diagnostic systems on physician liability in medical malpractice cases.
Abstract
Once diagnostic computers are ready for clinical use, courts might impose an affirmative duty on physicians to consult such computers. This should occasion a new evidentiary rule: when the physician has used a diagnostic computer but the patient suffers harm, the computer diagnosis should be admitted into evidence as expert opinion. This will provide an incentive for physicians to use computerized diagnosis. The plaintiff can introduce contrary expert testimony or evidence attacking the credibility of the computer expert, preserving the plaintiff's right to just compensation for harm due to negligent misdiagnosis. The jury will decide the weight to give the computer diagnosis as evidence, depending on the reliability and accuracy of such computer diagnoses at a given point in time. This jury discretion should prevent physicians from being overly reliant on computer diagnoses as a defense in malpractice suits. 57 footnotes.