人工智能医疗服务的法律责任

Legal Liability of Artificial Intelligence Medical Service

医学已越来越多地运用到能使医生提高诊断和决策的精准性、正确性的人工智能。但人工智能诊断技术在介入医疗服务的过程中,也难免会出现误诊,进而产生一系列法律问题。故在立法上应明确人工智能诊断主体的地位;在法律责任承担上,可参照药物致损的归责原则;在监管上,应完善人工智能的临床准入标准,且其标准应参照当时的最高医疗水平,同时法律对传统医疗设备的规制也应当适用人工智能诊断。

Medical science has been increasingly applied to artificial intelligence, which enables doctors to improve the accuracy and correctness of diagnosis and decision-making. However, in the process of intervention of artificial intelligence diagnosis technology in medical service, it is inevitable to misdiagnose, which will lead to a series of legal problems. Therefore, in terms of legislation, the diagnosis subject status of artificial intelligence should beclarified; in terms of legal liability, the principle of drug-induced injury liability can be referred to; in terms of super-vision, the clinical access standard of artificial intelligence should be improved, and its standard should refer to the highest medical level at that time; meanwhile, the legal regulation of traditional medical equipment should also be applied to artificial intelligence diagnosis.