Volume 20, Issue 61 (4-2026)
MLJ 2026, 20(61): 606-618 |
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Teymouri M, Asadinezhad S M, Jafarian V. Rethinking Physician Liability in the Use of Artificial Intelligence–Based Medical Technologies: A Medico-Legal Perspective. MLJ 2026; 20 (61) :606-618
URL: http://ijmedicallaw.ir/article-1-2074-en.html
URL: http://ijmedicallaw.ir/article-1-2074-en.html
1- Postdoctoral Researcher in Medical Law, Department of Biology, Faculty of Basic Sciences, University of Guilan, Rasht, Iran.
2- Associate Professor, Department of Law, Faculty of Literature and Humanities, University of Guilan, Rasht, Iran.
3- Professor, Department of Biology, Faculty of Basic Sciences, University of Guilan, Rasht, Iran.
2- Associate Professor, Department of Law, Faculty of Literature and Humanities, University of Guilan, Rasht, Iran.
3- Professor, Department of Biology, Faculty of Basic Sciences, University of Guilan, Rasht, Iran.
Abstract:
Background and Aim: The rapid advancement of emerging technologies, particularly artificial intelligence (AI) in healthcare, has fundamentally transformed the delivery of medical care and raised complex questions concerning physician liability when harm occurs to a patient. Given that a wide range of actors—including physicians, software developers, manufacturers, and even self-learning AI systems—may contribute to clinical decision-making and treatment processes, determining the scope of physician liability has become increasingly complex. This study aims to re-examine the legal foundations of physician liability arising from the use of AI-based medical technologies in light of contemporary developments in medical law.
Methods: This applied study employed a descriptive–analytical methodology. Data were collected and analyzed through documentary research using legal literature, library resources, and relevant electronic sources.
Ethical Considerations: Throughout the preparation of this article, the principles of academic integrity, honesty, and faithful representation of the consulted sources were fully observed.
Results: Under Article 495 of the Islamic Penal Code (Book of Diyat), physicians may incur liability for death or bodily injury where medical interventions fail to comply with accepted medical standards and professional requirements. Furthermore, Articles 290–293 of the Islamic Penal Code (Book of Qisas) indicate that an artificial intelligence system cannot itself bear criminal liability for offences against bodily integrity, as it lacks both legal agency and the capacity to comprehend either its conduct or criminal punishment. Nevertheless, pursuant to Articles 501 and 526 of the Islamic Penal Code (Book of Diyat), liability may be attributed to the software developer, manufacturer, or user of the AI system, irrespective of whether the resulting harm was intentional or unintentional, where the statutory requirements for liability are satisfied.
Conclusion: Physicians who decide to employ AI-based medical technologies cannot rely on a lack of technical knowledge or information as a defence against liability. Rather, they remain responsible for critically evaluating, validating, and auditing AI-generated clinical outputs before relying upon them in patient care. Accordingly, such oversight should be regarded as an integral component of the professional and technical standards governing medical practice.
Please cite this article as:
Teymouri M, Asadinezhad SM, Jafarian V. Rethinking the Theory of Physician Liability and Responsibility in the Use of Artificial Intelligence-Based Tools from the Perspective of Medical Law. Medical Law Journal. 2026; 20: e39.
Methods: This applied study employed a descriptive–analytical methodology. Data were collected and analyzed through documentary research using legal literature, library resources, and relevant electronic sources.
Ethical Considerations: Throughout the preparation of this article, the principles of academic integrity, honesty, and faithful representation of the consulted sources were fully observed.
Results: Under Article 495 of the Islamic Penal Code (Book of Diyat), physicians may incur liability for death or bodily injury where medical interventions fail to comply with accepted medical standards and professional requirements. Furthermore, Articles 290–293 of the Islamic Penal Code (Book of Qisas) indicate that an artificial intelligence system cannot itself bear criminal liability for offences against bodily integrity, as it lacks both legal agency and the capacity to comprehend either its conduct or criminal punishment. Nevertheless, pursuant to Articles 501 and 526 of the Islamic Penal Code (Book of Diyat), liability may be attributed to the software developer, manufacturer, or user of the AI system, irrespective of whether the resulting harm was intentional or unintentional, where the statutory requirements for liability are satisfied.
Conclusion: Physicians who decide to employ AI-based medical technologies cannot rely on a lack of technical knowledge or information as a defence against liability. Rather, they remain responsible for critically evaluating, validating, and auditing AI-generated clinical outputs before relying upon them in patient care. Accordingly, such oversight should be regarded as an integral component of the professional and technical standards governing medical practice.
Please cite this article as:
Teymouri M, Asadinezhad SM, Jafarian V. Rethinking the Theory of Physician Liability and Responsibility in the Use of Artificial Intelligence-Based Tools from the Perspective of Medical Law. Medical Law Journal. 2026; 20: e39.
Keywords: Medical Law, Physician Liability, Artificial Intelligence, Self-Learning Artificial Intelligence, Medical Robots, Professional Responsibility.
Type of Study: Original Article |
Received: 2026/04/15 | Accepted: 2026/05/21
Received: 2026/04/15 | Accepted: 2026/05/21
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