Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 99-112 |
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Nateghi Z, Badini H. Investigating the Tort Liability Resulting from the Use of Artificial Intelligence in Medicine with a Comparative Study. MLJ 2024; 18 (59) :99-112
URL: http://ijmedicallaw.ir/article-1-1686-en.html
URL: http://ijmedicallaw.ir/article-1-1686-en.html
1- . Department of Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
Abstract:
Background and Aim: Medical artificial intelligence has a very positive effect on the prediction and treatment of diseases. The use of artificial intelligence, apart from its very positive effects, due to the existence of challenges and issues such as black box, lack of transparency and predictability, is faced with a legal gap in relation to the attribution of responsibility in the event of causing damage. The occurrence of injury and damage to the body and life of people, to which person or persons can be attributed the responsibility is investigated in this research.
Method: This article is descriptive-analytical and has been written using library resources, referring to books, articles and laws in this field.
Ethical Considerations: This research was written based on ethical principles, trustworthiness and honesty.
Results: Th In identifying the person or persons responsible in situations caused by the use of artificial intelligence, applying traditional methods of attribution of responsibility will be unfair and impractical.
Conclusion: The difficulties of proving fault and attributing liability and on the other hand the necessity of respecting the rule of respect and compensating the victim reveal the importance of considering insurance or compensation fund in this regard.
Please cite this article as:
Nateghi Z, Badini H. Investigating the Tort Liability Resulting from the Use of Artificial Intelligence in Medicine with a Comparative Study. Medical Law Journal. 2024; 18: e8.
Method: This article is descriptive-analytical and has been written using library resources, referring to books, articles and laws in this field.
Ethical Considerations: This research was written based on ethical principles, trustworthiness and honesty.
Results: Th In identifying the person or persons responsible in situations caused by the use of artificial intelligence, applying traditional methods of attribution of responsibility will be unfair and impractical.
Conclusion: The difficulties of proving fault and attributing liability and on the other hand the necessity of respecting the rule of respect and compensating the victim reveal the importance of considering insurance or compensation fund in this regard.
Please cite this article as:
Nateghi Z, Badini H. Investigating the Tort Liability Resulting from the Use of Artificial Intelligence in Medicine with a Comparative Study. Medical Law Journal. 2024; 18: e8.
Keywords: Artificial Intelligence, Civil Responsibility, Compensation Fund, Insurance, Medical Guilt
Type of Study: Original Article |
Received: 2023/07/31 | Accepted: 2023/10/14
Received: 2023/07/31 | Accepted: 2023/10/14
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