A patient walks into a clinic with an unspecified malady. The patient provides a tiny sample of blood, answers some questions, then artificial intelligence generates a medication regimen tailored to the patient’s unique metabolic profile. Or a patient’s incipient tumor, otherwise undetectable by human pathologists, is diagnosed by AI image processing tools.
This isn’t far-fetched science fiction. Artificial intelligence is increasingly pervasive across various sectors, aiding in information gathering, analyses, predictions, and content generation. Consequently, AI generated outputs will increasingly become substantive evidence in litigation. Their admissibility, however, may raise novel issues under the Federal Rules of Evidence: particularly the authenticity of AI-generated evidence, and whether such evidence, if offered for the truth of the matter asserted, is hearsay under the FRE.
LINKS
Read “Proving Admissibility of AI Outputs Centers on Authenticity," co-authored by Marcelo Barros, published by Bloomberg Law. (Subscription)