Physician assessment, comparative abilities and artificial intelligence: implications for informed consent

Abstract

While artificial intelligence's (AI's) potential role in enhancing diagnostic accuracy and personalising treatment is well-recognised, its application in evaluating physicians raises critical ethical concerns as well. The paper examines the impact of AI on the 'comparative abilities' exception to informed consent, which currently exempts physicians from disclosing information about the performance of other providers. With AI's ability to generate granular, accurate comparisons of physician metrics, this exception will be challenged, potentially empowering patients to make more informed decisions. However, AI's use in disclosing physician success rates may exacerbate healthcare disparities, as wealthier patients may have more access to higher-skilled providers. Policymakers and ethicists must proactively address these concerns to ensure equitable access to care as AI technologies advance.

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