volatility becoming the new normal
AI in Healthcare: What Healthcare Providers Should Know Clinical AI systems are not autonomous. They are designed, developed, validated, deployed, and used by human stakeholders. A clinical diagnosis or triage suggestion made by an AI model has several layers before being acted upon. There is, thereRead more
AI in Healthcare: What Healthcare Providers Should Know
Clinical AI systems are not autonomous. They are designed, developed, validated, deployed, and used by human stakeholders. A clinical diagnosis or triage suggestion made by an AI model has several layers before being acted upon.
There is, therefore, an underlying question:
Was the damage caused by the technology itself, by the way it was implemented, or by the way it was used?
The answer determines liability.
1. The Clinician: Primary Duty of Care
In today’s health care setup, health care providers’ decisions, even in those supported by AI, do not exempt them from legal liability.
If a recommendation is offered by an AI and the following conditions are met by the clinician, then:
- Accepts it without appropriate clinical judgment, or
- Neglects obvious signs that go against the result produced by AI,
So, in many instances, the liability may rest with the clinician. AI systems are not considered autonomous decision-makers but rather decision-support systems by courts.
Legally speaking, the doctor’s duty of care for the patient is not relinquished merely because software was used. This is supported by regulatory bodies, including the FDA in the United States, which considers a majority of the clinical use of AI to be assistive, not autonomous.
2. The Hospital or Healthcare Organization
Healthcare providers can be held responsible for damage caused by system-level issues, for instance:
- Lack of adequate training among staff
- Poor incorporation of AI in clinical practices
- Ignoring known limitations of the system or warnings about safety
For instance, if an AI decision-support system is required by a hospital in terms of triage decisions but an accompanying guideline is lacking regarding under what circumstances an override decision by clinicians is warranted, then the hospital could be held jointly liable for any errors that occur.
With the aspect of vicarious liability in place, the hospital can be potentially responsible for negligence committed through its in-house professionals utilizing hospital facilities.
3. AI Vendor or Developer
Under product liability or negligence, AI developers can be made responsible, especially if negligence occurs in relation to:
- Inherently Flawed Algorithm/Design Issues in Models
- Biased or poor quality training data
- Lack of Pre-Deployment Testing
- Lack of disclosure of known limitations or risks
If an AI system is malfunctioning in a manner inconsistent with its approved use, market claims, legal liability could shift toward the vendor. This leaves developers open to legal liability in case their tools end up malfunctioning in a manner inconsistent with their approved use
But vendors tend to mitigate any responsibility for liability by stating that the use of the AI system should be under clinical supervision, since it is advisory only. Whether this will be valid under any legal system is yet to be tested.
4. Regulators & Approval Bodies (Indirect Role)
The regulatory bodies are not responsible for liability pertaining to clinical mistakes, but regulatory standards govern liability.
The World Health Organization, together with various regulatory bodies, is placing a mounting importance on the following:
- Transparency and explainability
- Human-in-loop decision making
- Continuous monitoring of AI performance
Non-compliance with legal standards may enhance the validity of legal action against hospitals or suppliers in the event of injuries.
5. What If the AI Is “Autonomous”?
This is where the law gets murky.
This becomes an issue if an AI system behaves independently without much human interference, such as in cases of fully automated triage decisions or treatment choices. The existing liability mechanism becomes strained in this scenario because the current laws were never meant for software that can independently impact medical choices.
Some jurists have argued for:
- Contingent liability schemes
- Mandatory Insurance for AI MitsuruClause Insurance for AI
- New legal categorizations for autonomous medical technologies
At least, in today’s world, most medical organizations do not put themselves at risk in this manner, as they do, in fact, mandate supervision by medical staff.
6. Factors Judged by the Court for Errors Associated with AI
In applying justice concerning harm caused by artificial intelligence, the courts usually consider:
- Was the AI used for the intended purpose?
- Was the practitioner prudent in medical judgment?
- Was the AI system sufficiently tested and validated?
- Were limitations well defined?
- Was there proper training and governance in the organization?
The absence or presence of AI may not be as crucial to liability but rather its responsible use.
The Emerging Consensus
The general world view is that AI does not replace responsibility. Rather, the responsibility is shared in the AI environment in the following ways:
- Healthcare Organizations: Responsible for the governance & implementation
- Suppliers of AI systems: liable for secure design and honest representation
This shared responsibility model acknowledges that AI is not a value-neutral tool or an autonomous system it is a socio-technical system that is situated within healthcare practice.
Conclusion
Consequently, it is not only technology errors but also system errors. The issue of blame in assigning liability focuses not on pinning down whose mistake occurred but on making all those in the chain, from the technology developer to the medical practitioner, do their share.
Until such time as laws catch up to define the specific role of autonomous biomedical AI, being responsible is a decidedly human task. There is no question about the best course in either safety or legal terms. Being human is the key. Keep the responsibility visible, traceable, and human.
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The Reasons Behind the Rise in Market Volatility in Recent Years There are also a number of structural and behavioral factors, including increased interconnectivity of global markets, which have contributed to a certain level of volatility. For instance, global markets are more interlinked than at aRead more
The Reasons Behind the Rise in Market Volatility in Recent Years
There are also a number of structural and behavioral factors, including increased interconnectivity of global markets, which have contributed to a certain level of volatility. For instance, global markets are more interlinked than at any other time in the past. Global events, whether in the form of economy or politics, impact markets globally in an instantaneous manner. An announcement from the Fed in the United States, a geopolitical event, or a supply chain disruption would cause markets to react in a flash.
Secondly, information flow rates have increased. This is due to real-time transmission of information using technological platforms such as digital media, financial platforms, as well as social networks. This contributes to higher levels of fear and greed emotions, hence fast decision-making to buy and sell.
Thirdly, the rise of algorithmic and high-frequency trading also impacts the market dynamics. This type of trading occurs in milliseconds and tends to accelerate short-run price movements despite the lack of change in the underlying fundamentals.
The Role of Macroeconomic Uncertainty
Uncertainty in the economy has become a hallmark of the present generation. Matters such as inflation rates, interest cycles, international debt, as well as decelerating economic growth could result in a situation where there are constant changes in people’s expectations. Moves made in the money markets related to interest rates and money supply can make a huge difference in market sentiments in a short period.
Moreover, geopolitical uncertainties have risen. Trading barriers, risks associated with energy supplies, along with regional disputes, create variables that are hard to properly model; hence, investors remain cautious.
How Investor Behavior Has Shifted
The composition of investors has also changed. There has been substantial growth in retail investing, due to easy accessibility through trade applications and reduced trading costs. This has made investing more democratic, but it has also resulted in more sentiment-based investing. Market reactions based on news, social media, or market rumors can lead to sudden price movements.
On the other hand, institutional investors are more aggressively seeking to optimize their risks and are often rebalancing their portfolios on a constant basis. Such nimbleness may be adding to market volatility in uncertain seasons.
Is Volatility the ‘New Normal’?
Volatility does seem unusually high, but one must be aware that market cycles of calmness and turmoil were present in markets at all times. The difference is in how often and how quickly markets oscillate, not in how much. In view of present structural realities, interconnectedness of markets globally, speed of information distribution, and complexity of market issues, one could expect increased average levels of market volatility.
But this does not mean that markets will continue to be unstable. Stable periods will continue to be realized, particularly as economic clarity is gained. Volatility is a condition that can be considered a cycle in and of itself, as opposed to a state of crisis.
What Volatility Means for Long-Term Investors
A volatility
Volatility does not have to pose a threat to long-term investors. On the contrary, it can provide opportunities to gain exposure to high-quality assets at better valuation levels. It has been observed that markets tend to overreact in short periods, while fundamentals are restored over time.
The answer lies in discipline. Investors who are strategic about asset allocation, diversification, or long-term orientation have a better chance of riding the tide of fluctuating markets. Overwhelming reliance on impulse or judgment, as in panic selling or trending investment, could be counter-productive.
Handling a More Volatile Market Environment
Volatility is here to stay, and investors must learn to live with it. When faced with this situation, investors must learn to be ready to adapt to this reality as opposed to fighting against it. It is important to have clear return expectations and liquidity as well as occasionally reviewing portfolios.
Instead, risk management, patience, and having an investment framework are more valuable than being able to predict market movements. In this aspect, volatility is no longer an adversary but an aspect that must be dealt with.
Final Perspective
In Market volatility can become more regular and more apparent as new structures emerge that shape market activity. Even though volatility can be unsettling, this by itself is not an undeniably bad thing. Informed and disciplined investors can learn how to not only survive but thrive during times of market volatility instead of being frightened by it.
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