AI and Liability in Medicine: The Case of Assistive-Diagnostic AI

In: Baltic journal of law & politics, Band 16, Heft 2, S. 64-81

Abstract

Abstract
As the prevalence of assistive-diagnostic artificial intelligence (AI) grows, so too will the legal controversies surrounding its use continue to grow. Consequently, determining liability in cases where patients experience harm due to the use of assistive-diagnostic AI in personal healthcare services requires a re-evaluation of existing civil liability regulations. This article proposes a framework for addressing liability in these situations by exploring medical malpractice, organisational negligence by healthcare institutions, and producer liability.