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Regulatory responses to medical machine learning

Minssen, Timo LU ; Gerke, Sara ; Aboy, Mateo ; Price II, William Nicholson and Cohen, Glenn (2020) In Journal of Law and the Biosciences 7(1). p.1-18
Abstract
Companies and healthcare providers are developing and implementing new applications of medical artificial intelligence (MAI), including the AI sub-type of medical machine learning (MML). MML is based on the application of machine learning (ML) algorithms to automatically identify patterns and act on medical data to guide clinical decisions. MML poses challenges and raises important questions, including 1) How will regulators evaluate MML-based medical devices to ensure their safety and effectiveness?, and 2) What additional MML considerations should be taken into account in the international context? To address these questions, we analyze the current regulatory approaches to MML in the United States and Europe. We then examine... (More)
Companies and healthcare providers are developing and implementing new applications of medical artificial intelligence (MAI), including the AI sub-type of medical machine learning (MML). MML is based on the application of machine learning (ML) algorithms to automatically identify patterns and act on medical data to guide clinical decisions. MML poses challenges and raises important questions, including 1) How will regulators evaluate MML-based medical devices to ensure their safety and effectiveness?, and 2) What additional MML considerations should be taken into account in the international context? To address these questions, we analyze the current regulatory approaches to MML in the United States and Europe. We then examine international perspectives and broader implications, discussing considerations such as data privacy, exportation, explanation, training set bias, contextual bias, and trade secrecy. (Less)
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author
; ; ; and
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Medical law, Medicinsk rätt
in
Journal of Law and the Biosciences
volume
7
issue
1
pages
18 pages
publisher
Oxford University Press
external identifiers
  • scopus:85087057978
ISSN
2053-9711
DOI
10.1093/jlb/lsaa002
project
The Quantum Law Project
language
English
LU publication?
no
id
3202d68a-02c3-4714-9ed4-4b5131b7e492
date added to LUP
2020-12-16 13:16:32
date last changed
2022-04-26 22:47:26
@article{3202d68a-02c3-4714-9ed4-4b5131b7e492,
  abstract     = {{Companies and healthcare providers are developing and implementing new applications of medical artificial intelligence (MAI), including the AI sub-type of medical machine learning (MML). MML is based on the application of machine learning (ML) algorithms to automatically identify patterns and act on medical data to guide clinical decisions. MML poses challenges and raises important questions, including 1) How will regulators evaluate MML-based medical devices to ensure their safety and effectiveness?, and 2) What additional MML considerations should be taken into account in the international context? To address these questions, we analyze the current regulatory approaches to MML in the United States and Europe. We then examine international perspectives and broader implications, discussing considerations such as data privacy, exportation, explanation, training set bias, contextual bias, and trade secrecy.}},
  author       = {{Minssen, Timo and Gerke, Sara and Aboy, Mateo and Price II, William Nicholson and Cohen, Glenn}},
  issn         = {{2053-9711}},
  keywords     = {{Medical law; Medicinsk rätt}},
  language     = {{eng}},
  month        = {{04}},
  number       = {{1}},
  pages        = {{1--18}},
  publisher    = {{Oxford University Press}},
  series       = {{Journal of Law and the Biosciences}},
  title        = {{Regulatory responses to medical machine learning}},
  url          = {{http://dx.doi.org/10.1093/jlb/lsaa002}},
  doi          = {{10.1093/jlb/lsaa002}},
  volume       = {{7}},
  year         = {{2020}},
}