Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 903-919 |
Back to browse issues page
Download citation:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
Nikbakht Nasrabadi M, Abbasi M, Fallah M R. Examining the Impact of Using Artificial Intelligence in
Medicine on the Concept of Negligence. MLJ 2024; 18 (59) :903-919
URL: http://ijmedicallaw.ir/article-1-1828-en.html
URL: http://ijmedicallaw.ir/article-1-1828-en.html
1- The Higher Institute of Management and Planning Education and Research, Tehran, Iran
2- Medical Ethics and Law Research Center, Shahid Beheshti University of Medical Sciences, Tehran, Iran.
3- Faculty of Law, Shahed University, Tehran, Iran
2- Medical Ethics and Law Research Center, Shahid Beheshti University of Medical Sciences, Tehran, Iran.
3- Faculty of Law, Shahed University, Tehran, Iran
Abstract:
Background and Aim: Due to the complexity of medical decisions, the use of online systems such as artificial intelligence to support these decisions has increased. The necessity of using new software in the field of medicine in terms of legal effects, including civil liability, is important. One of the most important legal questions in this area is to see the impacts on concepts and elements related to civil liability, including the concept of malpractice. When we say that a physician has not acted in accordance with medical regulations and technical standards and his fault is presumed, how does this play out when artificial intelligence is involved?
Method: This research is theoretical and uses a descriptive-analytical method. Information was collected through library research and by referring to documents, books and articles.
Ethical Considerations: In this study, ethical aspects of library studies including the authenticity of texts, honesty and trustworthiness have been fully observed.
Results: The main discussion revolves around the issue of malpractice and the criteria for diagnosing it in smart medicine. In this regard, there is a need to examine Article 495 of the Islamic Penal Code and specific regulations, explain artificial intelligence and its applications in medicine and then examine the differences between the current discussion and the discussion of civil liability arising from objects and finally, the legal implications of the use of artificial intelligence in medicine in the realm of physician malpractice in civil liability are addressed.
Conclusion: The criterion for diagnosing physician malpractice is "standard medical practice"; the differences in artificial intelligence from other tools in decision-making; analyzing the differences between these two topics is necessary. The legal system may prefer to hold technology-based AI machines accountable, which needs to be examined. The use of artificial intelligence in treatment in the case under consideration is in accordance with medical regulations or not? However, the more important discussion here is whether the physician has acted in accordance with medical regulations and technical standards in using AI software for treatment.
Please cite this article as:
Nikbakht Nasrabadi M, Abbasi M, Fallah MR. Examining the Impact of Using Artificial Intelligence in Medicine on the Concept of Negligence. Medical Law Journal. 2024; 18: e61.
Method: This research is theoretical and uses a descriptive-analytical method. Information was collected through library research and by referring to documents, books and articles.
Ethical Considerations: In this study, ethical aspects of library studies including the authenticity of texts, honesty and trustworthiness have been fully observed.
Results: The main discussion revolves around the issue of malpractice and the criteria for diagnosing it in smart medicine. In this regard, there is a need to examine Article 495 of the Islamic Penal Code and specific regulations, explain artificial intelligence and its applications in medicine and then examine the differences between the current discussion and the discussion of civil liability arising from objects and finally, the legal implications of the use of artificial intelligence in medicine in the realm of physician malpractice in civil liability are addressed.
Conclusion: The criterion for diagnosing physician malpractice is "standard medical practice"; the differences in artificial intelligence from other tools in decision-making; analyzing the differences between these two topics is necessary. The legal system may prefer to hold technology-based AI machines accountable, which needs to be examined. The use of artificial intelligence in treatment in the case under consideration is in accordance with medical regulations or not? However, the more important discussion here is whether the physician has acted in accordance with medical regulations and technical standards in using AI software for treatment.
Please cite this article as:
Nikbakht Nasrabadi M, Abbasi M, Fallah MR. Examining the Impact of Using Artificial Intelligence in Medicine on the Concept of Negligence. Medical Law Journal. 2024; 18: e61.
Type of Study: Original Article |
Received: 2024/04/3 | Accepted: 2024/07/21
Received: 2024/04/3 | Accepted: 2024/07/21
Send email to the article author
| Rights and permissions | |
 |
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. |
