The Physician’s Conundrum: Assigning Moral Responsibility for Medical Artificial Intelligence and Machine Learning

CHARLES E. BINKLEY

Charles E. Binkley, director of bioethics at Santa Clara University’s Markkula Center for Applied Ethics, describes some critical ethical issues raised by the use of artificial intelligence (AI) and machine learning (ML) systems for clinical decision support in medicine. Dr. Binkley calls for resolution of these issues before these emerging technologies are widely implemented.

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In re C.L.H.

Docket: 213A20

Opinion Date: February 5, 2021

Judge: Earls

Areas of Law: Family Law

The Supreme Court reversed in part and vacated and remanded in part the trial court's order terminating Respondent's parental rights to his child, holding that this case was, in large part, controlled by In re K.N., 837 S.E.2d 861 (N.C. 2020), necessitating reversal in part and vacatur in part. Petitioner, the child's mother, filed a motion to terminate Respondent's parental rights. The trial court determined that grounds existed to terminate Respondent's parental rights pursuant to N.C. Gen. Stat. 7B-1111(a)(1), (4), and (6) and that it was in the child's best interests that Petitioner's parental rights be terminated. The Supreme Court reversed the portions of the trial court's order concluding that Respondent's parental rights were subject to termination under sections 7B-1111(a)(1) and (6) and vacated the portions of the order adjudicating grounds for termination under section 7B-1111(a)(4), holding that the trial court erred by concluding that grounds existed pursuant to sections 7B-1111(a)(1) and (6) and that the court's findings of fact were insufficient to support termination based on section 7B-1111(a)(4).

In re J.E.B., II

Docket: 99A20

Opinion Date: February 5, 2021

Judge: Earls

Areas of Law: Family Law

The Supreme Court affirmed the order of the trial court terminating Mother's parental rights in her child, holding that N.C. Gen. Stat. 7B-1101.1(d) was not violated in this case. Section 7B-1101.1(d) establishes the right of a parent to appointed counsel and, in some circumstances, to a guardian ad litem (GAL) in a termination of parental rights proceeding. The statute further provides that counsel shall not be appointed to serve as the GAL and the GAL shall not act as the parent's attorney. On appeal, Mother argued that she was denied a fundamentally fair termination proceeding because her GAL examined some witnesses and presented legal arguments on her behalf, in violation of section 7B-1101.1(d). The Supreme Court disagreed, holding that because Mother was afforded both an attorney and a GAL the statute was not violated when counsel acted as Mother's attorney and the GAL assisted counsel in the presentation of the case to ensure that Mother was effectively represented.

In re S.F.D.

Docket: 80A20

Opinion Date: February 5, 2021

Judge: Barringer

Areas of Law: Family Law

The Supreme Court affirmed the order of the trial court terminating the parental rights of Father to his daughter, holding that the issues identified by counsel in Father's appeal were meritless. The trial court entered an order concluding that grounds existed to terminate Father's parental rights based on neglect, willfully leaving his child in foster care for more than twelve months without showing reasonable progress, and attempted murder of another child residing in the home. The trial court further determined that it was in the child's best interests to terminate Father's parental rights. On appeal, the Supreme Court reviewed issues identified by counsel in a no-merit brief in light of the entire record and concluded that the trial court properly found that grounds existed pursuant to N.C. Gen. Stat. 7B-1111(a)(1) to terminate Father's parental rights and that termination was in the best interests of the child.

In re S.R.F.

Docket: 214A20

Opinion Date: February 5, 2021

Judge: Morgan

Areas of Law: Family Law

The Supreme Court affirmed the judgment of the trial court terminating the parental rights of Mother to her daughter, holding that the trial court properly adjudicated the existence of grounds to terminate Mother's parental rights based on her neglect of the child. After a hearing, the trial court adjudicated the existence of two statutory grounds for terminating Mother's parental rights: Mother's neglect of the child and Mother's willful failure to make reasonable progress to correct the conditions leading to the child's removal from the home. The court then concluded that it was in the child's best interests to terminate Mother's parental rights. The Supreme Court affirmed, holding that, although Mother identified some harmless inaccuracies in the trial court's adjudicatory findings of fact, the court's remaining findings of fact supported its conclusions of law that grounds existed to terminate Mother's parental rights for her neglect of the child under N.C. Gen. Stat. 7B-1111(a)(1).