Digital mental health applications and artificial intelligence systems can provide immediate responses, emotional validation, and structured coping strategies. However, recent experience suggests AI is far from infallible when it comes to helping people with mental health concerns—in some situations, AI systems can exacerbate distress and lead to serious harm. One scenario involves a teen using an AI app for help with bullying, where the app tells the teen not to tell anyone, and the teen spirals into depression.
AI is easily accessible, often free or relatively inexpensive, and available 24 hours a day, 7 days a week. Individuals experiencing anxiety or depressive symptoms in the middle of the night can access immediate responses without waiting for scheduled appointments. While many general-purpose AI systems are not purposely designed as mental health tools, some programs are specifically designed and marketed for such purposes. Some mental health professionals may recommend that clients use particular mental health apps incorporating AI.
Legal and Clinical Concerns
When individuals use mental health apps and suffer harm, they may pursue legal action through product liability claims, negligence claims, or wrongful death suits. If suing a mental health professional who recommended the AI tool, individuals must prove the professional did not live up to reasonable standards of care expected of similar mental health professionals. Failure to properly assess the tool’s evidence base, risks, limitations, or appropriateness for a particular client may expose the professional to liability, particularly if harm was reasonably foreseeable.
Before using AI apps for significant mental health issues, individuals should determine what the app’s potential benefits and risks are. It may be difficult for individuals to assess these issues independently, so it may be prudent to engage with a licensed mental health professional who can provide information, options, assessments, recommendations, and oversight. From personal, ethical, and legal perspectives, therapeutic AI systems should generally be used not as a replacement for professional mental health care but as a specialized adjunct within a broader continuum of support.
This article is an AI-assisted summary. All facts and figures are drawn from the original report: https://us.headtopics.com/news/legal-accountability-when-digital-apps-harm-mental-health-79321942