The aim of this literature review was to compose a narrative review supported by a systematic approach to critically identify and examine concerns about accountability and the allocation of responsibility and legal liability as applied to the clinician and the technologist as applied the use of opaque AI-powered systems in clinical decision making. This review questions if it is permissible for a clinician to use an opaque AI system in clinical decision making and if a patient was harmed as a (...) result of using a clinician using an AIS’s suggestion, how would responsibility and legal liability be allocated? Literature was systematically searched, retrieved, and reviewed from nine databases, which also included items from three clinical professional regulators, as well as relevant grey literature from governmental and non-governmental organisations. This literature was subjected to inclusion/exclusion criteria; those items found relevant to this review underwent data extraction. This review found that there are multiple concerns about opacity, accountability, responsibility and liability when considering the stakeholders of technologists and clinicians in the creation and use of AIS in clinical decision making. Accountability is challenged when the AIS used is opaque, and allocation of responsibility is somewhat unclear. Legal analysis would help stakeholders to understand their obligations and prepare should an undesirable scenario of patient harm eventuate when AIS were used. (shrink)

This paper explores the important role of critical science, and in particular of post-colonial and decolonial theories, in understanding and shaping the ongoing advances in artificial intelligence. Artificial intelligence is viewed as amongst the technological advances that will reshape modern societies and their relations. While the design and deployment of systems that continually adapt holds the promise of far-reaching positive change, they simultaneously pose significant risks, especially to already vulnerable peoples. Values and power are central to this discussion. Decolonial theories (...) use historical hindsight to explain patterns of power that shape our intellectual, political, economic, and social world. By embedding a decolonial critical approach within its technical practice, AI communities can develop foresight and tactics that can better align research and technology development with established ethical principles, centring vulnerable peoples who continue to bear the brunt of negative impacts of innovation and scientific progress. We highlight problematic applications that are instances of coloniality, and using a decolonial lens, submit three tactics that can form a decolonial field of artificial intelligence: creating a critical technical practice of AI, seeking reverse tutelage and reverse pedagogies, and the renewal of affective and political communities. The years ahead will usher in a wave of new scientific breakthroughs and technologies driven by AI research, making it incumbent upon AI communities to strengthen the social contract through ethical foresight and the multiplicity of intellectual perspectives available to us, ultimately supporting future technologies that enable greater well-being, with the goal of beneficence and justice for all. (shrink)