Title: Algorithmic Authority and the Clinical Standard of Care

Abstract

The incorporation of artificial intelligence into clinical practice generates a core conflict between the probabilistic logic of algorithms and the intuitive expertise of seasoned physicians. By applying Lawrence Lessig’s “Code is Law” paradigm, this study contends that the structural design of clinical AI systems effectively serves as implicit medical regulation, thereby altering both liability frameworks and the established standard of care. This paper reinterprets AI “hallucinations” as being structurally similar to recognized human cognitive errors, such as premature diagnostic closure and confirmation bias, demonstrating that both types of failures require a coordinated governance strategy. Consequently, I advocate for a dialectical standard of care that positions the integrated AI-physician dyad as the single accountable entity for diagnosis. This approach necessitates the combination of algorithmic accuracy with human interpretive power, supported by stringent data governance and patient privacy protocols.

Source: arXiv Generated at: 2026-06-02 00:00:00 UTC