Feasibility study of the civil liability of artificial intelligence due to damage in medical law

Background and Objective: The expansion of knowledge in the field of medicine and the complexity of related decision-making has drawn the attention of experts to the use of intelligent systems. Artificial intelligence is used in disease diagnosis, prediction of treatment outcomes, patient and physician support software, medical data analysis, and disease prevention. This is achieved through simulation, enhancement, or augmentation of human intelligence in a precise and efficient manner. This new phenomenon raises new challenges in the discussion of civil liability, which necessitates the modification or establishment of new legal mechanisms to address them. AI systems may directly or indirectly cause harm to patients. Therefore, this research aims to investigate how artificial intelligence technology is applied in the medical field and seeks to answer the question of whether artificial intelligence can be held legally responsible as a legal entity for the damages caused to patients.Research Method: For this study, Persian and English sources extracted from reputable websites, especially articles from ۲۰۲۲-۲۰۱۵, have been utilized. The research has been conducted through decomposition, analysis, scientific research, and the opinions of experts in the field of artificial intelligence and legal experts.Findings: The research findings indicate that when a physician uses artificial intelligence for diagnosis and treatment, the application of AI can change the traditional notions of liability and causation. The civil liability of artificial intelligence can be based on various theories, including independent legal personality, consideration as an animal, or an object subject to examination, due to the changes in customary law and causation.Conclusion: When a treating physician uses artificial intelligence in the treatment process and as a result, harm is caused to the patient; although it is not possible to attribute separate legal personality to this technology, since multiple individuals including the creator, trainer, or multiple users are involved in the chain of its deployment, it reduces the responsibility of the physician.

کلیدواژه ها:

Artificial intelligence ، smart medicine ، civil liability ، user ، legal personality