An Experimental Investigation of the Relationship between AI-Human Workflow Design and Legal Liability for Radiologists: The Erroneous-Change Penalty and Omission Bias

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Authors: Elizabeth C. Song, Michael H. Bernstein, Brian Sheppard, Michael A. Bruno, Grayson Luderman Baird
Cited by: 1
References: 29

Abstract

ABSTRACT Background With growing impetus to integrate artificial intelligence (AI) tools into radiology, clinical practices must navigate workflow redesign. This carries implications for medical malpractice liability. Methods We conducted an online vignette experiment with United States adults who acted as hypothetical jurors in a malpractice case involving a missed intracranial hemorrhage. Participants (n=2,347) were randomized to one of 22 conditions: a no-AI control and 21 conditions involving a hypothetical AI system. These twenty-one conditions varied by whether (1) a single-read or double-read workflow was used, (2) the radiologist’s initial interpretation was documented, (3) the radiologist changed their interpretation after viewing AI output, (4) the AI detected the abnormality, and (5) the AI error rate—False Discovery Rate (FDR) or False Omission Rate (FOR)—was provided to participants only, both participants and radiologist, or neither. The primary outcome was perceived liability, assessed by whether the radiologist met their duty of care. Findings Perceived liability differed across conditions (p

Fields of Study & Subjects

Artificial Intelligence in Healthcare and Education Radiology practices and education Explainable Artificial Intelligence (XAI)

Publication details

Journal / source
medRxiv
Publisher
openRxiv
Publication date
22 May 2026
Document type
Preprint