Research On Tort Liability Of Medical Artificial Intelligence

The combination of artificial intelligence technology and medicine has caused a disruptive change in the healthcare industry,greatly improving the efficiency and quality of diagnosis and treatment.The application of medical AI has both social and technological value.However,due to the autonomy and black box properties of AI,it faces technical risks and uncertainties,which has led to controversies over infringement liability issues and challenged the existing infringement liability system.To maintain the interests of victims and balance innovation,it is urgent to improve relevant systems and rules.This article starts with an overview of medical AI infringement,clarifies the legal status of medical AI,explores the institutional challenges of applying traditional product liability and medical damage liability to medical AI infringement,and proposes suggestions to improve the legal system of medical AI infringement liability.The article is divided into seven parts:The first part is the introduction,which mainly introduces the background and significance of researching medical AI infringement liability,summarizes the main viewpoints and focuses of the academic community through searching and reading relevant literature at home and abroad,and introduces the innovation and shortcomings of this article.The second part is an overview,which starts with the definition and development history of medical AI,introduces the basic overview of medical AI infringement,analyzes and discusses relevant cases of medical AI infringement,and summarizes the characteristics of medical AI infringement.The third part is the legal positioning of medical AI and the identification of infringement liability subjects.It summarizes the legal positioning theory of AI,clarifies its legal positioning and corresponding infringement liability subjects.The fourth part is the challenges of medical AI infringement to the elements of infringement and the institutional application dilemma.It introduces the difficulties faced by applying product liability and medical damage liability to medical AI infringement respectively.The fifth part is about legislation and experience outside the domain and enlightenment to China.It mainly introduces the relevant legislation and experience of countries and regions such as the European Union,the United States,Russia,and South Korea,and summarizes relevant experience through comparison and reference.The sixth part is suggestions to improve the system of medical AI inf ringement liability in China.It introduces the improvement of the elements of infringement,the improvement of specific rules for applying product liability and medical damage liability to medical AI infringement,and the establishment and improvement of relevant supporting mechanisms.The seventh part is the conclusion,which summarizes and condenses the viewpoints of the article.