Welcome to the Nexus of Ethics, Psychology, Morality, Philosophy and Health Care

Welcome to the nexus of ethics, psychology, morality, technology, health care, and philosophy
Showing posts with label Legal Liability. Show all posts
Showing posts with label Legal Liability. Show all posts

Thursday, May 17, 2018

Ethics must be at heart of Artificial Intelligence technology

The Irish Times
Originally posted April 16, 2018

Artificial Intelligence (AI) must never be given autonomous power to hurt, destroy or deceive humans, a parliamentary report has said.

Ethics need to be put at the centre of the development of the emerging technology, according to the House of Lords Artificial Intelligence Committee.

With Britain poised to become a world leader in the controversial technological field international safeguards need to be set in place, the study said.

Peers state that AI needs to be developed for the common good and that the “autonomous power to hurt, destroy or deceive human beings should never be vested in artificial intelligence”.

The information is here.

Saturday, April 7, 2018

The Ethics of Accident-Algorithms for Self-Driving Cars: an Applied Trolley Problem?

Sven Nyholm and Jilles Smids
Ethical Theory and Moral Practice
November 2016, Volume 19, Issue 5, pp 1275–1289

Abstract

Self-driving cars hold out the promise of being safer than manually driven cars. Yet they cannot be a 100 % safe. Collisions are sometimes unavoidable. So self-driving cars need to be programmed for how they should respond to scenarios where collisions are highly likely or unavoidable. The accident-scenarios self-driving cars might face have recently been likened to the key examples and dilemmas associated with the trolley problem. In this article, we critically examine this tempting analogy. We identify three important ways in which the ethics of accident-algorithms for self-driving cars and the philosophy of the trolley problem differ from each other. These concern: (i) the basic decision-making situation faced by those who decide how self-driving cars should be programmed to deal with accidents; (ii) moral and legal responsibility; and (iii) decision-making in the face of risks and uncertainty. In discussing these three areas of disanalogy, we isolate and identify a number of basic issues and complexities that arise within the ethics of the programming of self-driving cars.

The article is here.

Tuesday, January 9, 2018

Drug Companies’ Liability for the Opioid Epidemic

Rebecca L. Haffajee and Michelle M. Mello
N Engl J Med 2017; 377:2301-2305
December 14, 2017
DOI: 10.1056/NEJMp1710756

Here is an excerpt:

Opioid products, they alleged, were defectively designed because companies failed to include safety mechanisms, such as an antagonist agent or tamper-resistant formulation. Manufacturers also purportedly failed to adequately warn about addiction risks on drug packaging and in promotional activities. Some claims alleged that opioid manufacturers deliberately withheld information about their products’ dangers, misrepresenting them as safer than alternatives.

These suits faced formidable barriers that persist today. As with other prescription drugs, persuading a jury that an opioid is defectively designed if the Food and Drug Administration approved it is challenging. Furthermore, in most states, a drug manufacturer’s duty to warn about risks is limited to issuing an adequate warning to prescribers, who are responsible for communicating with patients. Finally, juries may resist laying legal responsibility at the manufacturer’s feet when the prescriber’s decisions and the patient’s behavior contributed to the harm. Some individuals do not take opioids as prescribed or purchase them illegally. Companies may argue that such conduct precludes holding manufacturers liable, or at least should reduce damages awards.

One procedural strategy adopted in opioid litigation that can help overcome defenses based on users’ conduct is the class action suit, brought by a large group of similarly situated individuals. In such suits, the causal relationship between the companies’ business practices and the harm is assessed at the group level, with the focus on statistical associations between product use and injury. The use of class actions was instrumental in overcoming tobacco companies’ defenses based on smokers’ conduct. But early attempts to bring class actions against opioid manufacturers encountered procedural barriers. Because of different factual circumstances surrounding individuals’ opioid use and clinical conditions, judges often deemed proposed class members to lack sufficiently common claims.

The article is here.

Wednesday, February 17, 2016

Prevalence and Characteristics of Physicians Prone to Malpractice Claims

D. M. Studdert, M. M. Bismark, M. M. Mello, H. Singh, and M. J. Spittal
N Engl J Med 2016; 374:354-362
January 28, 2016

Background

The distribution of malpractice claims among physicians is not well understood. If claim-prone physicians account for a substantial share of all claims, the ability to reliably identify them at an early stage could guide efforts to improve care.

Methods

Using data from the National Practitioner Data Bank, we analyzed 66,426 claims paid against 54,099 physicians from 2005 through 2014. We calculated concentrations of claims among physicians. We used multivariable recurrent-event survival analysis to identify characteristics of physicians at high risk for recurrent claims and to quantify risk levels over time.

Results

Approximately 1% of all physicians accounted for 32% of paid claims. Among physicians with paid claims, 84% incurred only one during the study period (accounting for 68% of all paid claims), 16% had at least two paid claims (accounting for 32% of the claims), and 4% had at least three paid claims (accounting for 12% of the claims). In adjusted analyses, the risk of recurrence increased with the number of previous paid claims. For example, as compared with physicians who had one previous paid claim, the 2160 physicians who had three paid claims had three times the risk of incurring another (hazard ratio, 3.11; 95% confidence interval [CI], 2.84 to 3.41); this corresponded in absolute terms to a 24% chance (95% CI, 22 to 26) of another paid claim within 2 years. Risks of recurrence also varied widely according to specialty — for example, the risk among neurosurgeons was four
times as great as the risk among psychiatrists.

Conclusions

Over a recent 10-year period, a small number of physicians with distinctive characteristics accounted for a disproportionately large number of paid malpractice claims.

The article is here.

Monday, August 5, 2013

Is Neuroscience the Death of Free Will?

By Eddy Nahmias
The New York Times - Opinionator
Originally published November 13, 2011, but still relevant

Is free will an illusion?  Some leading scientists think so.  For instance, in 2002 the psychologist Daniel Wegner wrote, “It seems we are agents. It seems we cause what we do… It is sobering and ultimately accurate to call all this an illusion.” More recently, the neuroscientist Patrick Haggard declared, “We certainly don’t have free will.  Not in the sense we think.”  And in June, the neuroscientist Sam Harris claimed, “You seem to be an agent acting of your own free will. The problem, however, is that this point of view cannot be reconciled with what we know about the human brain.”

Such proclamations make the news; after all, if free will is dead, then moral and legal responsibility may be close behind.  As the legal analyst Jeffrey Rosen wrote in The New York Times Magazine, “Since all behavior is caused by our brains, wouldn’t this mean all behavior could potentially be excused? … The death of free will, or its exposure as a convenient illusion, some worry, could wreak havoc on our sense of moral and legal responsibility.”

The entire story is here.

Thanks to Verybadwizards for this information.

Tuesday, January 31, 2012

Medical Academics Could Be Legally Liable for Ghostwritten Articles

Condemnation by ethicists and loss of grant money are not the only penalties facing academics who put their names on medical-journal articles they didn't write. Personal-injury lawyers have them in their sights now, too.

In an article published Tuesday in the journal PLoS Medicine, the authors laid out three possible areas of liability, including the federal anti-kickback statute, which can carry prison time plus fines of up to $250,000.

Researchers at major universities, including Brown, Emory, Harvard, Stanford, Tufts, and Yale, have been accused in recent years of signing their names to medical-journal articles that were written by others, articles that promoted the benefits of various medications and were produced under the auspices of pharmaceutical companies trying to boost their products. Last year The Chronicle reported that a University of Pennsylvania psychiatry professor accused five other academics of signing an article that was ghostwritten for the maker of the antidepressant Paxil and made unsupported claims for it.

"By lending his name, the author is contributing to fraud," says Bijan Esfandiari, one of the authors of the PLoS Medicine article. "And the ghostwriter is involved in the conspiracy as well."

Mr. Esfandiari is a lawyer with the firm of Baum, Hedlund, Aristei & Goldman in Los Angeles. ("For 25 years we have championed death and injury claims for thousands of clients nationwide," reads the firm's Web site.) His co-authors are Xavier A. Bosch, a professor in the department of medicine at the University of Barcelona, and Leemon McHenry, a lecturer and specialist in bioethics in the philosophy department at California State University at Northridge.

The entire story is here.