This chapter provides a detailed analysis of hypothetical cases in dispute resolution to demonstrate the practical application of the principles and propositions explored throughout this book. Various scenarios involving the integration of artificial intelligence (AI) in healthcare are examined, focusing on the resolution of potential disputes arising from instances of harm. These litigation scenarios address issues such as medical malpractice related to errors in diagnosis, prognosis, and treatment mediated by AI systems, as well as the implications of obtaining valid patient consent in AI-assisted decision-making processes. Additionally, the chapter delves into the significance of patient trust as a potential basis for establishing a duty to compensate for harm, alongside the development of data-driven obligations, such as the duty of vigilance, which reflect the evolving and multifunctional juridical framework of medical liability in the twenty-first century. In each scenario, the analysis proceeds from the foundational premise that adverse outcomes arising from inherently medical acts are encompassed within the concept of therapeutic risk, recognising that healthcare professionals cannot always be held liable for such occurrences. Nevertheless, physicians are required to exercise a standard of reasonable diligence in the utilisation of such technologies, in accordance with the evolving duties of medical practice, which are imbued with renewed significance by the ethical principles and normative standards governing the deployment of AI in healthcare.

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Artificial Intelligence and Medical Liability in Hypothetical Cases

  • Rafaella Nogaroli

摘要

This chapter provides a detailed analysis of hypothetical cases in dispute resolution to demonstrate the practical application of the principles and propositions explored throughout this book. Various scenarios involving the integration of artificial intelligence (AI) in healthcare are examined, focusing on the resolution of potential disputes arising from instances of harm. These litigation scenarios address issues such as medical malpractice related to errors in diagnosis, prognosis, and treatment mediated by AI systems, as well as the implications of obtaining valid patient consent in AI-assisted decision-making processes. Additionally, the chapter delves into the significance of patient trust as a potential basis for establishing a duty to compensate for harm, alongside the development of data-driven obligations, such as the duty of vigilance, which reflect the evolving and multifunctional juridical framework of medical liability in the twenty-first century. In each scenario, the analysis proceeds from the foundational premise that adverse outcomes arising from inherently medical acts are encompassed within the concept of therapeutic risk, recognising that healthcare professionals cannot always be held liable for such occurrences. Nevertheless, physicians are required to exercise a standard of reasonable diligence in the utilisation of such technologies, in accordance with the evolving duties of medical practice, which are imbued with renewed significance by the ethical principles and normative standards governing the deployment of AI in healthcare.