Civil Liability for Damage to Health Caused by (Non-) Use of Artificial Intelligence in Medical Diagnostics
2021
Abstract
This article addresses civil liability related to damage to health from the use of, or failure to use, artificial intelligence in medical diagnostics. Artificial intelligence is already performing better than humans in certain areas of medical diagnostics and can be expected to become a common part of diagnostics for many diseases.
If a patient is misdiagnosed as a result of the use of artificial intelligence, they may be seriously harmed. The question is who is obliged to compensate such damage, given that artificial intelligence is not legal person.
The author analyses different situations related to the use of artificial intelligence leading to damage to health, and proposes appropriate civil liability concepts.