The Lexpert Special Editions profiles selected Lexpert-ranked lawyers whose focus is in Corporate, Infrastructure, Energy and Litigation law and relevant practices. It also includes feature articles on legal aspects of Canadian business issues.
Issue link: https://digital.carswellmedia.com/i/1470136
10 www.lexpert.ca Feature Bayne at Osler points out that oen the organization holding data grants access based on its non-commercial use. "But as soon as it crosses into the realm of potentially being used commercially, that could open up the need to go back and get informed consent." Bayne says that, as a lawyer who works with start-ups and venture capital funds, he focuses his questions on what the data is, how much there is, and whether it is the correct data. He also wants to make sure that there is a clear understanding of how the health care system works in the intended market. He also asks clients how much any proposed innovation will improve the standard of care. "Will it increase life expectancy significantly? Will it improve the quality of life? Will it make a patient more comfortable?" For organizations that hold the data needed for AI in health care settings – hospitals, long- term care homes, and primary care facilities – Dykeman says they also need to understand the potential benefits of AI and the challenges that can arise in using it. In fact, in collaboration with Canada Health Infoway, INQ has developed the Toolkit for Implementers of Artificial Intelligence in Health Care to assist health care organiza- tions across Canada that want to explore and develop potential uses. is toolkit explains critical concepts and issues related to the use of AI in health care, along with operational suggestions to help deploy AI. It also guides AI governance to maximize the benefits of AI while minimizing foresee- able risks. e toolkit has six modules that provide checklists to help organizations plan their AI governance activities more effectively, tips on best practices, and case studies demon- strating real-world Canadian examples of successful AI solutions. rough the six modules, the toolkit explains the fundamentals of AI and highlights unique benefits for the health care sector. It also provides an overview of the industry's critical risks when deploying AI (algorithmic bias, challenges to privacy and security), Canada's regulatory landscape, and a roadmap for investment opportunities in AI. e toolkit also looks at responsible AI governance and risk-assessment components. Says INQ's Piovesan, "ere are a number of health care facilities very interested in adopting the use of artificial intelligence to improve efficiency and patient outcomes. In Canada's health care sector, where we've got universal health care, we have an amazing opportunity to looking at the technology portfolio and start meaningful investments." However, those investments should also include building trust and good governance of AI "because when you put all this together, we're more likely to have a successful outcome than if you think of this as just a technology issue and invest in technology alone." She adds that "if you choose good use cases and make the right investments, it's all worth it. Because what we're finding is return on investment is amazing when it comes to the use of AI and health care." "We've been seeing the crossover between informa- tion technology companies and health care-related companies applying AI and machine learning to solve health-care-related problems" Chad Bayne OSLER HOSKIN & HARCOURT LLP "There must be confidence in the data itself. Is it clean? Is it usable? Is the data biased? And one assumes the data is legally obtained and meets privacy obligations" Mary Jane Dykeman INQ LAW Source: Infoway, INQ Law Clinical applications • improving patient experience and health care outcomes • Using AI in select procedures to improve patient care Detection and diagnosis • Improve speed and accuracy of disease detection and diagnostics Research and development • Drug discovery • Medical devices • System efficiency System efficacy • Using AI to better manage hospital resources (e.g., triage staff schedules to align with predicted patient traffic and hospital needs) HARNESSING THE POWER OF AI FOR HEALTH CARE