ABSTRACT
Imposing liability is often society’s first response to the risks and harm accompanying new technologies. As Artificial Intelligence (‘AI’) gains a foothold in the healthcare sector, liability is thus the likely focal point when addressing its potential dangers, such as misdiagnoses or robots injuring patients. One supposed benefit of liability regimes is that they help earn patients’ trust, a paramount objective in healthcare, by incentivizing safety. This Article contends, however, that liability cannot build trust. Liability, at best, promotes trustworthiness, which is different from trust. At worst, liability even erodes trust. This blind spot of liability regimes suggests that earning trust may require a broader, industry-wide effort.
Shih-wei Chao, Liability’s Blind Spot: How Healthcare AI Can Earn Patients’ Trust, [2025] University of Illinois Law Review Online 120. Published 2 October 2025.
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