Algorithmic Authority and the Clinical Standard of Care

Authors: Aizierjiang Aiersilan

Abstract

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 `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 `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.

Bibliographic Reference

@article{aiersilan2026algorithmic,
  title={Algorithmic Authority and the Clinical Standard of Care},
  author={Aiersilan, Aizierjiang},
  journal={arXiv preprint arXiv:2606.00044},
  year={2026}
}