Future of Artificial Intelligence and Safety Concerns
Artificial intelligence can be used to perform a multitude of beneficial tasks at greater speeds and accuracy than relying on human intelligence alone. As the future of artificial intelligence continues to shine bright, the safety of products incorporating this technology remains an important concern for high-tech industries. Creators of artificial intelligence face legal liability when unsafe products harm users.
Handling the complex legal implications involved in accidents caused by using artificial intelligence often requires the assistance of an experienced personal injury lawyer. Some of the most common legal matters arising from the integration of artificial intelligence include accidents caused by self-driving cars, defective medical devices, and hazardous work equipment.
Dangers of Self-Driving Cars
Autonomous or self-driving cars use artificial intelligence to control direction, speed, and overall operation of the vehicle using sensors and other indicators. As artificial intelligence becomes smarter, the risks of unpredictable behavior can rise as machines attempt to predict driving patterns without the benefit of human oversight and subjective experience. When self driving vehicles hit the roadways, accidents will inevitably occur. Artificial intelligence designers and manufacturers may face liability for any resulting injuries under the legal theories of negligence or product liability.
Medical Device Risks
An increasing amount of medical devices have artificial intelligence incorporated into their design. Insulin pumps, ventilators, imaging machines, and cardiac arrest predictive tools are some of the medical devices designed to use artificial intelligence. Many clinicians rely on these applications to assess, diagnose, and treat patients. Errors in calculation made by smart devices can have devastating results for patients who are overmedicated, misdiagnosed, or improperly treated. As artificial intelligence continues to transform the medical field, new studies related to a reliance on machine learning warn that successful implementation of artificial intelligence will be possible only if safety remains a top concern. When medical professionals relinquish direct control of their patients’ safety to such technology, they potentially face legal liability based on negligence.
Work Equipment Hazards
A rise in the use of artificial intelligence in the construction industry raises safety concerns as defective automated work equipment can become hazardous for workers. Contractors are using this technology to improve productivity on worksites. The future implementation of artificial intelligence technology may include the use of robotic arms to build metal mesh infrastructures, automated masonry equipment to lay brick walls, and smart video machines to identify potentially unsafe conditions.
When autonomous machinery malfunctions, it can result in serious workplace accidents, ranging from falls and roll overs to electrocutions and explosions. When automated construction machinery fails to operate properly or artificial intelligence software develops a glitch, its creators may become legally responsible for any resulting accidents and injuries.
Wilmington Personal Injury Lawyers at Jacobs & Crumplar, P.A. Obtain Compensation for Accident Victims
Determining liability for accidents caused by the integration of artificial intelligence can be complicated. Retaining the services of the experienced Wilmington personal injury lawyers at Jacobs & Crumplar, P.A. is the first step toward navigating complex litigation matters. With offices conveniently located in Wilmington and Georgetown, Delaware, we proudly represent injured individuals throughout Dover, New Castle County, and Sussex County. To schedule a free consultation today, call us at 302-656-5445 or submit an online inquiry form.
Challenges of Doctor-Patient Sex Assault Cases
When you see a physician for a medical appointment, you expect to receive the highest standard of care, and you also expect that you will be treated ethically. After all, entrusting your health to another human being involves an enormous level of trust. But when that trust is broken, it can be devastating and terribly damaging. Even a consensual sexual encounter in a doctor’s office can be considered a breach of trust.
By now most people have heard about the case of Dr. Larry Nassar, who was recently sentenced to 60 years for a conviction of child pornography; and 40 to 175 years for sexual abuse charges. So far, 265 victims have come forward. Nassar operated under a cloak of secrecy for years. He used his privileged position to intimidate young girls, who were either too afraid to speak up, or did not trust their own judgment when they sensed the doctor’s actions were not appropriate.
While the above case made front-page news because it involved Olympic-caliber athletes, this kind of abuse could happen to anyone. In recent years, a doctor at a renowned Cleveland hospital was accused of raping a patient while she underwent a procedure. The hospital kept the doctor on staff while they reached a confidential settlement. The following year, the doctor attacked another woman, changing her life forever. Tragically, that second assault never would have happened if the first incident had been handled properly.
Doctor-Patient Sexual Assault Claims are Unique
Jacobs & Crumplar recently contributed to an article published by the subscription-based online legal news service, Law360. The article addresses some of what makes doctor-patient sex abuses cases unique – and in many ways – challenging.
Sometimes doctors or hospitals reach confidential settlements out of court, as in the case mentioned above. But settlements of this nature can be problematic when it comes to health care. A confidentiality clause can compromise a patient’s health and safety; and they may be unethical because of the vulnerability of future patients.
When a sexual assault by a medical caregiver occurs, there are certain steps that must be taken for victims seeking justice. They include:
- Meet the Statute of Limitations – There is a limited time frame in which to file a claim against a doctor who is accused of sexual assault. This varies by state. Many victims do not want to face the terrible experience they have been through and thus put off talking about it. But immediate action is essential to holding that person accountable.
- Gather Evidence – This may be done initially with a rape kit, and/or through a physical examination immediately following an assault. This is also a time to give an account of what happened while the facts are still fresh in the victim’s mind.
- File the Appropriate Claim – A sexual assault by a physician could fall under the category of personal injury, but it might also fall under medical malpractice. The best route would be determined by a competent attorney, based on the state where the assault occurred.
While these steps are important, it is most important for a victim to seek treatment right away. There may be physical healing and treatment necessary, and there will most certainly be emotional healing that needs to be done.
Delaware Sexual Abuse Lawyers at Jacobs & Crumplar, P.A. Provide Powerful Advocacy for Abuse Victims
If you have been the victim of a sexual assault, we understand the fears and emotions you are dealing with, and we can offer personal, compassionate assistance for your case. If you are seeking an advocate who will stand up for your rights, please call a Delaware sexual abuse lawyer at Jacobs & Crumplar, P.A. today at 302-656-5445 to schedule a confidential consultation or contact us online. From our offices in Wilmington and Georgetown, Delaware, we represent clients throughout the state, including those in Dover, Delaware.
Understanding Legal Compensation for Vaccine Injuries
The names in the following blog have been changed for identity protection purposes.
Amy James wanted to get a vaccine because she had taken a job working in a day care facility. She got the flu shot from her family doctor during a routine visit. Within hours her legs were starting to get weak. As the day progressed she started falling down and eventually the weakness progressed to her entire body to the point where she could not perform simple functions such as feeding herself or going to the bathroom. By the end of the day she couldn’t walk.
By the time Amy came to our office, after a lengthy hospital stay, many of her symptoms had improved but she was still in a wheel chair and unable to take care of her young child. Most people who get vaccines have no serious problems. In rare cases the recipient suffers from severe allergic reactions which often times can be debilitating or result in death.
The National Vaccine Injury Compensation Program (“VICP”) was created by Congress in 1986 to compensate those injured by vaccines without litigation. This attempt at tort reform was the first acknowledgment by this organization that vaccine injuries and death are not a myth, but are real with catastrophic consequences for the lives of the vaccine injured and their families who care for them.
The United States Court of Federal Claims decides who will be paid. The VICP is located in the United States Department of Health and Human Services. The United States Department of Justice represents the agency before the VICP. You may file a claim if you have received a vaccine in the United States which is covered by the VICP and believe that you have been injured by this vaccine with symptoms of which have lasted more than six months after the vaccine was given; or 2) resulted in a hospital stay and surgery; or 3) resulted in death.
The Vaccine Injury Compensation Trust Fund provides funding for the VICP to compensate vaccine related injuries or death claims for covered vaccines administered after 1986. The trust fund is funded by an excise tax on vaccines recommended by the CDC for routine administration such as the flu vaccine or the measles.
The VICP is an alternative to the tort system for resolving vaccine injury claims. The petitioner must first exhaust the remedies under the VICP before they can pursue a legal action against a vaccine administrator outside of the VICP. The petitioner must either withdraw their petition or reject the judgment under the VICP before pursuing a claim in state court.
Vaccine Safety FAQ – From Immunization.org
Does the thimerosal in some vaccines pose a risk?
Thimerosal, a very effective preservative, has been used to prevent bacterial contamination in vaccine vials for more than 50 years. It contains a type of mercury known as ethylmercury, which is different from the type of mercury found in fish and seafood (methylmercury). At very high levels, methylmercury can be toxic to people, especially to the neurological development of infants.
In recent years, several large scientific studies have determined that thimerosal in vaccines does not lead to neurologic problems, such as autism. Nonetheless, because we generally try to reduce people’s exposure to mercury if at all possible, vaccine manufacturers have voluntarily changed their production methods to produce vaccines that are now free of thimerosal or have only trace amounts. They have done this because it is possible to do, not because there was any evidence that the thimerosal was harmful.
Some parents are requesting that we space out their infant’s vaccinations because they are concerned that receiving multiple vaccinations at a single office visit might overwhelm the infant’s immune system.
What do you think about using alternative schedules?
Vaccine recommendations are determined after extensive studies in large clinical trials. They include studies on how vaccine recipients respond to multiple vaccines given simultaneously. The overall aim is to provide early protection for infants and children against vaccine-preventable diseases that could endanger their health and life. No scientific evidence exists to support that delaying vaccinations or separating them into individual antigens is beneficial for children.
Rather, this practice prolongs susceptibility to disease, which could result in a greater likelihood of the child becoming sick with a serious or life-threatening disease. There could also be added expense (e.g., multiple office visits), additional time off from work for parents, and increased likelihood that the child will fail to get all necessary vaccinations.
Where can I find more information to help address my patients’ concerns about vaccine safety?
There are many excellent websites that have information about vaccine safety, including the American Academy of Pediatrics, the CDC, Every Child by Two, the Immunization Action Coalition, the National Network for Immunization Information, the Institute of Medicine, and the Vaccine Education Center, Children’s Hospital of Philadelphia.
To be prepared for how your child may feel after receiving immunizations, click here.
Medical Budget Cuts Mean Less Care For Our Loved Ones
With our aging population and the attempt by medical providing agencies such as the VA and Medicaid/Medicare to limit expenses by under-staffing hospitals and nursing facilities, more and more patients are being mistreated. This applies to seniors but also to anyone who seeks long term care from such agencies. In addition, private nursing facilities also limit care to cut expenses.
Thus, when your loved one is placed in such a situation you need to be very observant and watch carefully the services provided. They should not be over-medicated to make them lay or sit all day. This leads to mental deterioration and physical deterioration.
Bed sores are the number one problem due to the concept of the medical facilities being a storage place rather than a place for treatment and care.
Do not sit by and allow your loved one to be vegetated; insist on physical activity and if the facility does not have exercise bicycles or tread mills make sure they are provided. If not, you must walk your loved one around the halls or make them wheel their chairs.
If the lack of care causes deterioration, physical or mental, then you must decide if the care is so bad that the deterioration is a result of below-standard care.
We have successfully represented families with such concerns against these institutions, government or private, to help your loved one get proper treatment or compensation for mistreatment.
Patients need protection; make sure your loved ones are protected. Contact Jacobs & Crumplar today.