Research On Medical Tort Liability Of AI

After decades of development,artificial intelligence has entered the 4.0 era and set off a new climax in research and application,changing people's traditional thinking mode and lifestyle at the same time.Especially in the medical field,AI technology has been widely used in image reading,medical diagnosis,surgery and other medical activities.AI provides people with more accurate diagnosis and treatment services.At the same time,it is inevitable to cause medical damage by AI.Because AI has surpassed human capabilities in some fields,and the autonomy of AI is also improving with the update of technology.As the technology is always in progress,weak artificial intelligence era will inevitably cross into the era of strong artificial intelligence.The medical tort of weak artificial intelligence can be regulated by the current law.When the autonomy and intelligence of AI are infinitely close to or even exceed human beings,the current legal norms will not meet the needs of regulating medical tort liability caused by strong artificial intelligence.Weak artificial intelligence and strong artificial intelligence have different characteristics in legal status,which leads to different imputation principles and liability assumption of medical tort liability.This paper starts from the legal status of artificial intelligence itself,Analyze the application and dilemma of the strong and weak artificial intelligence to the current law.By referring to the experience of overseas legislative attempts,the legal system and supporting system of medical tort liability are constructed.Today,with the continuous development and improvement of the application of artificial intelligence in the medical field,a prospective legal research is conducted to preliminarily construct the legal system of medical infringement by AI.This can avoid possible legal gaps ahead of time and balance the relationship between the protection of human interests and the development of AI technology,and it's conducive to the better benefit of AI to human society.