Research On The Duty Of Care In The Application Of Artificial Intelligence In Diagnosis And Treatment

Artificial intelligence has been widely applied in the fields of disease diagnosis,treatment,rehabilitation,and health information management,which providing strong support for disease traceability,auxiliary diagnosis,and diagnosis and treatment operations.The application of artificial intelligence to implement diagnosis and treatment will improve the accuracy of diagnosis,broaden the accessibility of medical behaviors,and alleviate the lack of medical staff resources.At the same time,it will also make the rule-based mechanical repetitive tasks in medical activities gradually be replaced by artificial intelligence.The application of artificial intelligence in the implementation of diagnosis and treatment makes the focus of medical care duties shift from the careful attention of medical staff to their own behavior to review and takeover of artificial intelligence.The application of artificial intelligence in the implementation of diagnosis and treatment increases the content of the obligation to inform and explain,and the obligation to keep confidentiality.The application of artificial intelligence to implement diagnosis and treatment has an impact on the reasonable diagnosis and treatment obligations and in-person diagnosis and treatment obligations under the current medical model,and puts forward new requirements for organizational duty of care such as medical decision review and medical information management.However,relevant medical laws and regulations and diagnosis and treatment operating specifications have not been adjusted and updated in time,resulting in a disconnection and misalignment between legal standards and actual operations.It is impossible to effectively judge whether medical personnel in the application of artificial intelligence in diagnosis and treatment violate their duty of care in accordance with current standards.The application of artificial intelligence to implement the judgment standards of attention ability in the implementation of diagnosis and treatment requires comprehensive consideration of the overall average level of the implementation of medical behaviors under the conditions of human-computer interaction.Medical staff who apply artificial intelligence to perform diagnosis and treatment need to comply with the standard of rational doctors for diagnosis and treatment,and they must strictly abide by the standards of the reasonable doctors’ in the process of checking and reviewing artificial intelligence diagnostic conclusion and supervising the operation.The infringement caused by the application of artificial intelligence in diagnosis and treatment belongs to the infringement of "multiple causes and one result" without intentional contact.The judgment of this type of medical infringement case needs to be improved on the basis of eliminating the confusing factors such as medical product liability and the permitted risk of medical technology development.The expert assistant system is organically connected with the identification of violations of medical care duties.Based on a comprehensive analysis of the impact of applying different types of artificial intelligence to implement diagnosis and treatment on the ethical duty of care,professional and technical duty of care,organizational and managerial duty of care,and the current status of medical duty of care legislation,this paper summarizes the application of artificial intelligence to implement the duty of care and legal norms out of touch.On the basis of clarifying the impact of medical artificial intelligence on diagnosis and treatment behavior,the current law should be "minimized" and "programmed" as much as possible,and a perfect path for the attention ability judgment standard and duty of care judgment standard in the duty of care system.In this way,practical problems such as difficulty in determining medical damage liability and excessive compensation liability of medical institutions in the application of artificial intelligence in diagnosis and treatment are alleviated,and a weak contribution is made to the healthy development of the medical and health field.