MEDICO LEGAL M A G A Z I N E
RISE OF THE ROBO-DIAGNOSIS Greg McEwen, Healthcare Expert and Partner, BLM With the rapid progression in medical technology and a greater global reliance on big data, the role of the doctor as sole diagnostician is changing dramatically. Greg McEwen, BLM, considers what this might mean for our trust in human decisions and the accuracy of diagnoses. The word “diagnosis” can be defined as “the act of identifying a disease from its signs and symptoms”. As a society, we have traditionally looked to our healthcare professionals to diagnose and treat our ailments, from minor aches and pains to major, lifethreatening conditions. The existence of lawyers who specialise in clinical negligence, from both a claimant and defendant perspective, is a reminder of the industry that has grown up around litigation in this area. In the year 2015-16, the NHS Litigation Authority received nearly 11,000 new claims for clinical negligence and nearly 1,000 referrals about the performance of doctors, dentists and pharmacists. Of course, not all claims relate to diagnostic error. Likewise, not every error in diagnosis results in a claim. Nor should it, since the mere fact of an incorrect diagnosis does not equate to negligence. But could advances in technology lead to earlier or more accurate diagnoses? Technology has long played a part in the diagnostic process. From cancer screening to MRI scanning,
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to optometry, computers have been employed with a view to informing and improving key decision making. The caveat to this is that the technology is operated and, most importantly, interpreted and acted upon by people exercising judgment. Diagnosis remains an art as much as a science but that has not stopped the onward march of technology, with AI and big data seeking to chip away at the role of diagnostician and decision maker. Whether it’s through a wearable consumer device such as a Fitbit, or AI trained to identify potentially cancerous tumours, the average patient today is exposed to technology that can monitor heart rate, nutritional intake and sleep patterns, all the way up to identifying serious, life-threatening conditions. Some of this technology has the potential to reduce or replace human input, but will it lead to better outcomes? There certainly seems to be a belief that it will amongst some major stakeholders, both healthcare providers and technology companies alike. IBM’s Watson supercomputer is currently being used
