Algorithmic Authority and the Clinical Standard of Care
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arXiv
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| Format: | Preprint |
| Published: |
2026
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| _version_ | 1866910272841580544 |
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| author | Aiersilan, Aizierjiang |
| author_facet | Aiersilan, Aizierjiang |
| contents | The integration of artificial intelligence into clinical medicine creates a fundamental tension between algorithmic probabilistic reasoning and the experiential intuition of expert physicians; applying Lawrence Lessig's \enquote{Code is Law} framework, I argue that the architecture of clinical AI systems already functions as de facto medical regulation, reshaping liability and the standard of care. Reframing AI \enquote{hallucination} as structurally analogous to well-documented human cognitive failures such as confirmation bias and premature diagnostic closure, I show that both failure modes demand a unified governance response. I therefore propose a dialectical standard of care that treats the integrated AI-physician dyad as the singular responsible diagnostic entity, mandating the synthesis of algorithmic precision with human interpretive authority within robust data governance and patient privacy frameworks. |
| format | Preprint |
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arxiv_https___arxiv_org_abs_2606_00044 |
| institution | arXiv |
| publishDate | 2026 |
| record_format | arxiv |
| spellingShingle | Algorithmic Authority and the Clinical Standard of Care Aiersilan, Aizierjiang Computers and Society Artificial Intelligence The integration of artificial intelligence into clinical medicine creates a fundamental tension between algorithmic probabilistic reasoning and the experiential intuition of expert physicians; applying Lawrence Lessig's \enquote{Code is Law} framework, I argue that the architecture of clinical AI systems already functions as de facto medical regulation, reshaping liability and the standard of care. Reframing AI \enquote{hallucination} as structurally analogous to well-documented human cognitive failures such as confirmation bias and premature diagnostic closure, I show that both failure modes demand a unified governance response. I therefore propose a dialectical standard of care that treats the integrated AI-physician dyad as the singular responsible diagnostic entity, mandating the synthesis of algorithmic precision with human interpretive authority within robust data governance and patient privacy frameworks. |
| title | Algorithmic Authority and the Clinical Standard of Care |
| topic | Computers and Society Artificial Intelligence |
| url | https://arxiv.org/abs/2606.00044 |