Research On Tort Liability Of Medical Intelligent Robots

Medical intelligent robot is a new type of medical artificial intelligence integrating artificial intelligence science and medicine,which alleviates the shortage of medical resources and improves the quality and efficiency of diagnosis and treatment,but this cannot completely avoid the occurrence of misdiagnosis and surgical damage,so it has also caused huge disputes between multiple parties on tort liability.Medical intelligent robots represent the application of artificial intelligence machines in the professional medical field,and this article mainly discusses the tort liability of medical intelligent robots.In addition to the introduction and conclusion,the text of this article is divided into four parts:The first part is the dilemma of attribution of tort liability for medical intelligent robots.Firstly,the concept of medical intelligent robots is introduced,indicating that the research focus of this paper is on two categories: diagnosis and treatment robots and surgical robots,and secondly,the characteristics of medical intelligent robots,namely autonomy,self-learning ability,and black box,are introduced,which pave the way for subsequent analysis and reasoning.Finally,the dilemma of specific law application is analyzed,and there are problems such as lack of responsible subjects,confusion in defect identification standards,and complex causal relationship determination.The application of medical damage liability has problems such as difficulties in determining medical fault and doubts about the scientific nature of causation.The second part,the legal status of medical intelligent robots.First of all,it is summarized that the current academic research on the subject status of intelligent robots can be divided into three theories: object theory,subject theory and compromise theory.Secondly,from the three perspectives of social ethics,law and subsequent application,it responds to the reasons why medical intelligent robots should not have the status of subjects.The third part is the definition of tort liability rules for medical intelligent robots.Firstly,six main causes of infringement caused by medical intelligent robots are summarized: quality problems,improper use,self-learning function,"artificial intelligence hacking",improper management,and multiple causes and effects.Secondly,by classifying the causes of damage,a tort liability system for medical intelligent robots with product liability and medical damage liability as the framework is constructed,and the application of highly dangerous liability proposed by some scholars is combined.The fourth part is the improvement of tort liability rules for medical intelligent robots.It is improved from the specific rules of product liability,medical damage liability,and supporting measures before and after the occurrence of risks.