Using artificial intelligence in healthcare: Allocating liability and risks

Abstract

Within the framework of this article, the author considers the features regarding the application and use of artificial intelligence (AI) in medical practice. This includes complex issues related to the personal liability of a doctor when making decisions on diagnostics and treatment based on an algorithm proposal (a system for supporting medical decisions), as well as possible options for the responsibility of the algorithm (AI) developer. The analysis provides an overview of the existing system for holding medical professionals accountable, as well as an assessment of possible options for the distribution of responsibility in connection with the widespread introduction of AI into the work of doctors alongside the possible introduction of AI into standard medical care. The author considers the possibility of establishing more serious requirements for the collection of information on the side effects of such devices for an AI registered as a medical device. Using the method of legal analysis and the comparative legal method, the author analyzes the current global trends in the distribution of responsibility for harm in such cases where there is an error and/or inaccuracy in making a medical decision; as a result of this, the author demonstrates possible options for the distribution of the roles of the healthcare professional and AI in the near future.

Keywords

• healthcare
• artificial intelligence
• personal data
• digital health
• medical devices
• responsibility
• torts