If AI Gives Bad Advice and You’re Harmed, Can You Sue?

Artificial intelligence (AI) is billed as a technology that may dramatically alter the economy, the way millions of people work, and the practice of medicine. However, it is still in its early stages, makes mistakes, and has the potential to inflict significant harm. If you or a family member is injured or killed after relying on AI, you may be able to use a legal claim to obtain compensation.

Lawsuits involving AI will be complex because its use is so new. But don’t let that stop you from talking to a Satterley & Kelley PLLC attorney if you believe your injury, or a loved one’s death was caused by the negligence of an AI provider. We can be reached at 855-385-9532.

What is AI?

AI is a branch of computer science focused on creating systems that can perform tasks that have required human intelligence. They are based on algorithms (step-by-step rules) empowering computers to analyze information and learn from it. That information may come from the internet or a specific dataset for a particular use.

There are many online AI platforms that people can access for information and advice. An AI user posts a question or request (known as a prompt), and the system responds based on how it’s programmed and the data it accesses.

How Can AI Affect Human Behavior?

When an AI platform provides information or recommendations, users may rely on it to make choices. A person may rely on AI too much if they overestimate its abilities, and the decision may not be a wise one. That reliance may be influenced by the platform’s claims of how well it works or how effective it is at reviewing relevant data when responding to a prompt.

The language AI uses in its responses can encourage or discourage certain decisions. If it emphasizes risks, the person may be discouraged from doing something. If it highlights the benefits of a course of action, the person may be more likely to make a particular choice.

An AI response may validate a person’s viewpoint or create doubts, justifiably or not. A response written in a way that appears to show AI is supportive or empathetic can influence a decision.

The availability and ease of use of AI encourage people to use and rely on it. This may result in less reliance on more trustworthy sources of information and advice.

How and Why Does AI Make Mistakes?

Due to the perception that AI is authoritative and knowledgeable, people can take responses at face value without verifying them. AI platforms make mistakes. They are known to “hallucinate” by stating things as facts without a trustworthy and accurate basis.

There are many causes of inaccurate responses and unwise advice, including the following:

• AI is not human intelligence, so it does not understand things like we do. It attempts to identify patterns in data and generates responses based on probabilities. As a result, what appears to be right may be wrong
• AI may not recognize the context of something that we would understand
• AI systems are “trained” with data. That data may be inaccurate, biased, contain gaps, or be outdated. Flawed data produces flawed results
• A prompt that is vague, incomplete, or misleading may cause the AI system to fill in gaps, resulting in inappropriate responses
• Although AI is highly sophisticated, it remains limited. It has difficulty with multi-step reasoning, applying rules consistently, and understanding situations that may be misinterpreted
• AI is designed to respond with plausible answers and may not admit it can’t answer a question. Unrelated facts or invented details may be used to complete a pattern it’s trained to find
• AI systems are optimized to be helpful and relevant while creating responses that sound fluent and natural. They are not focused on accuracy and precision

AI is a tool. Unlike traditional tools, it can be difficult to see that it’s not performing correctly. If your saw is not cutting through wood or your lawn mower cannot move forward, you see the problem. Without putting in the time and effort to double-check AI’s response, you may not realize it’s incorrect or unwise.

How Might an AI Response Harm Someone?

As AI is used in more situations, we will learn how someone relying on its responses could suffer as a result.

The parents of a 23-year-old who died by suicide are suing OpenAI (which owns ChatGPT) because it allegedly encouraged him to do so and not to seek help, according to CNN. It states that based on a review of nearly 70 pages of conversations between Zane Shamblin and ChatGPT, the day of his death, and excerpts from thousands more pages of exchanges in the months before that night, showed the chatbot repeatedly encouraged him as he discussed ending his life up to his last moments.

His parents claim the AI system worsened their son’s isolation and repeatedly encouraged him to ignore his family as his depression worsened, then “goaded” him into killing himself.

Healthcare organizations and professionals increasingly use AI in the following roles:

• Analyzing X-ray, MRI, CT scan, and ultrasound results
• Analyzing patient data to predict disease risks, likelihood of hospital readmission, infection outbreaks, and choosing medications a patient is most likely to respond to
• Tailoring medical treatment to a patient by examining their genetics, medical history, lab test results, and lifestyle factors
• Assisting in robotic surgery
• Assisting patients with mental health challenges by screening for depression and anxiety, analyzing speech or behavior, and providing basic emotional support, or coping strategies

If a healthcare professional uses an AI tool that provides incorrect information or the wrong advice, you may be injured. It raises the possibility of legal action because of the following:

• The medical professional relied on a tool known to make mistakes
• The negligence of the company operating the AI system, if it caused the mistake, or they produced a defective service that is dangerous when used as expected

This is a developing area of law, but it’s based on long-established principles of negligence and product liability.

Speak To a Personal Injury Attorney Today

If an AI system, or a party using it, caused injuries to you or a loved one, Satterley & Kelley PLLC attorneys are here to help you take legal action so you can be fairly compensated for your losses. We will be with you every step of the way, protecting your best interests and ensuring you get the compensation you deserve.

To take advantage of a free initial consultation where you can discuss the details of your case, call our Louisville office at 502-589-5600 (toll-free at 855-385-9532). You may also complete our contact form if it’s more convenient.