Legal analysis of the doctor's civil liability when using artificial intelligence in the treatment process

The advancement of artificial intelligence technology has caused it to be used in various fields of human life and even humans can directly communicate with it and ask for guidance from artificial intelligence. Among the cases of using artificial intelligence, it is in the medical and therapeutic fields that doctors have taken help from the capabilities of artificial intelligence in their treatments, and even in cases of using artificial intelligence in the treatment of patients, it is necessary to respect the patient's rights as much as possible and preserve his health. will be. However, in this direction, it is possible that artificial intelligence activities will cause damage to the patient, and due to the autonomy of artificial intelligence, the question arises as to who is responsible for compensating for the damages? The creator and programmer of artificial intelligence or the doctor who uses it or the artificial intelligence itself? The authors of the present research, using descriptive-analytical method, came to the conclusion that if artificial intelligence is viewed as a tool, the issue of contractual civil liability arising from the object is raised for the doctor, but if artificial intelligence is considered an independent personality, in the opinion It seems that the damage should be attributed to the artificial intelligence itself, but the doctor or its designer should be required to insure the artificial intelligence to support the patient, or if there is an income for the artificial intelligence, the damage should be compensated from that financial source.

کلیدواژه ها:

artificial intelligence ، independent legal personality ، medical affairs ، contractual civil liability arising from the object ، insurance