Volume 19, Issue 60 (4-2025)
MLJ 2025, 19(60): 1231-1244 |
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Esmaeilpour M A. The Role of Informed Consent in the Use of Artificial Intelligence in the Treatment Process. MLJ 2025; 19 (60) :1231-1244
URL: http://ijmedicallaw.ir/article-1-1933-en.html
URL: http://ijmedicallaw.ir/article-1-1933-en.html
Department of Law, Faculty of Law, University of Science and Culture, Tehran, Iran., tehran
Abstract:
Background and Aim: The difference and conflict in the nature and what constitutes informed consent has challenged the credibility and position of artificial intelligence in the health system. Artificial intelligence can play a role in various stages of treatment, including diagnosis, surgery, risk prediction, etc. The efficiency and power of machines have drawn the author's attention to the hypothesis of assessing the feasibility of using artificial intelligence in the treatment process without the consent of patients.
Method: The present writing method is descriptive-analytical and the data collection method is library.
Ethical Considerations: The present article adheres to the principles of ethics, confidentiality, honesty and the principle of material-moral ownership.
Results: The traditional approach to informed consent criteria, including the perspective of the patient's or doctor's expectations, is based on the principle of human autonomy. The concept of sovereignty of will and autonomy is such that human decisions are universal and general and follow rational logic. Therefore, individuals cannot make any unwise decisions under the pretext of absolute ownership of the body and expect therapists to follow their choices. However, from another perspective, the sovereignty of the will is interpreted as absolute and the consent of individuals in using artificial intelligence in the treatment process is necessary.
Conclusion: The present article concludes with a descriptive-analytical approach that the criterion for identifying the violation of informed consent is human will. This means that if in any way, the use of artificial intelligence in treatment is contrary to the specific and collective will or the patient's interest and envy, the failure to inform about it is an example of a violation of informed consent. Otherwise (the usefulness of artificial intelligence), the specific interest and will of humans will govern the patient's individual decisions, even if the machine is not used to provide information. It is essential that the relevant institution or organizations clearly state the validity or ineffectiveness of artificial intelligence, and that the legislature publish its approach and attitude in the form of laws and regulations.
Please cite this article as:
Esmaeilpour MA. The Role of Informed Consent in the Use of Artificial Intelligence in the Treatment Process. Medical Law Journal. 2025; 19: e75.
Method: The present writing method is descriptive-analytical and the data collection method is library.
Ethical Considerations: The present article adheres to the principles of ethics, confidentiality, honesty and the principle of material-moral ownership.
Results: The traditional approach to informed consent criteria, including the perspective of the patient's or doctor's expectations, is based on the principle of human autonomy. The concept of sovereignty of will and autonomy is such that human decisions are universal and general and follow rational logic. Therefore, individuals cannot make any unwise decisions under the pretext of absolute ownership of the body and expect therapists to follow their choices. However, from another perspective, the sovereignty of the will is interpreted as absolute and the consent of individuals in using artificial intelligence in the treatment process is necessary.
Conclusion: The present article concludes with a descriptive-analytical approach that the criterion for identifying the violation of informed consent is human will. This means that if in any way, the use of artificial intelligence in treatment is contrary to the specific and collective will or the patient's interest and envy, the failure to inform about it is an example of a violation of informed consent. Otherwise (the usefulness of artificial intelligence), the specific interest and will of humans will govern the patient's individual decisions, even if the machine is not used to provide information. It is essential that the relevant institution or organizations clearly state the validity or ineffectiveness of artificial intelligence, and that the legislature publish its approach and attitude in the form of laws and regulations.
Please cite this article as:
Esmaeilpour MA. The Role of Informed Consent in the Use of Artificial Intelligence in the Treatment Process. Medical Law Journal. 2025; 19: e75.
Keywords: Formula of Autonomy, Informed Consent, Subjective Criterion, Objective Criterion, Atificial Intelligence
Type of Study: Original Article |
Received: 2025/02/24 | Accepted: 2025/07/8
Received: 2025/02/24 | Accepted: 2025/07/8
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