Research On Tort Liability Of Medical Artificial Intelligence

The widespread application of medical artificial intelligence has brought changes to human society in many aspects,such as diagnosis and treatment models,data processing methods,and forward-looking health management,and has promoted the continuous development of modern medical care towards wisdom,precision,and efficiency,but the problem of infringement has also followed.Because of medical artificial intelligence has a certain degree of autonomy and involves the integration of multiple disciplines,the infringement damage caused by it is more complicated than general infringement cases.In the absence of clear provisions in existing laws,in order to promote the sustainable development of medical artificial intelligence,it is necessary to study the tort liability of medical artificial intelligence in our country.In our country’s medical artificial intelligence tort liability,there are disputes over the type of liability,difficulty in determining the subject of responsibility,difficulty in unifying the principles of attribution,and difficulty in identifying causal relationships.In order to solve the above dilemma,this paper explores the necessity and feasibility of solving the appeal problem from the perspective of jurisprudence and law and economics analysis.The research on the existing experience of responsibility,obtains the path enlightenment applicable to our country.On this basis,it is proposed to promote the formulation of laws related to medical artificial intelligence in terms of legislation,justice and supporting systems for the construction of our country’s medical artificial intelligence tort liability system.Principles,establish application information sharing system,establish compulsory insurance and reserve fund system,establish special supervision agencies and industry standards and other specific suggestions.Based on the dynamic development of medical artificial intelligence and the particularity of infringement acts,this paper introduces the classification concepts of strong artificial intelligence and weak artificial intelligence to discuss specific issues,in order to achieve a balance between reasonable regulation and encouragement of innovation,and realize the short-term development and development of medical artificial intelligence.long-term development.