Do patients have a right to understand health AI? • healthcare-in-europe.com

Do patients have a right to understand health AI? • healthcare-in-europe.com


Portrait photo of Anshu Ankolekar

Anshu Ankolekar, PhD., JMIR Correspondent

Image credit: Anshu Ankolekar

The article, “The Right to Understand in Health Care AI,” explores a critical tension: while the European Union’s AI Act provides a legal basis for transparency, the technical and clinical reality of meaningful explanations remains largely undefined. 

Authored by Anshu Ankolekar, JMIR Correspondent, the report highlights that as high-risk AI systems become standard in medical imaging and diagnostics, patients are increasingly entitled to question, “Why did the computer conclude this?” However, the opacity of advanced algorithms often leaves even the most experienced clinicians unable to provide an answer that is both technically accurate and practically applyful for the patient. 

The analysis points to several significant hurdles that prevent current legal frameworks, such as the EU AI Act and GDPR, from translating into better patient care: 

  • The Interpretability Trade-off: The most accurate AI models often operate through millions of parameters that are impossible for humans to trace fully. Forcing simpler, more explainable models could potentially sacrifice diagnostic accuracy, creating a direct conflict with patient safety. 
  • Automation Bias: Research indicates that incorrect AI suggestions can pull clinicians toward an incorrect diagnosis regardless of experience level. An explanation delivered by a clinician who has already deferred to an algorithm may not reflect an indepfinishent clinical assessment. 
  • The Literacy Barrier: Between 22% and 58% of EU citizens report difficulty understanding health information. Providing technical detail on algorithmic logic often leads to cognitive overload rather than informed consent. 



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