Medical Applications of Artificial Intelligence (Legal Aspects and Future Prospects)

Vasiliy Andreevich Laptev, Inna Vladimirovna Ershova and Daria Rinatovna Feyzrakhmanova
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Vasiliy Andreevich Laptev: Department of Entrepreneurial and Corporate Law, Kutafin Moscow State Law University, 109180 Moscow, Russia
Inna Vladimirovna Ershova: Department of Entrepreneurial and Corporate Law, Kutafin Moscow State Law University, 109180 Moscow, Russia
Daria Rinatovna Feyzrakhmanova: Department of Entrepreneurial and Corporate Law, Kutafin Moscow State Law University, 109180 Moscow, Russia

Laws, 2021, vol. 11, issue 1, 1-18

Abstract: Background: Cutting-edge digital technologies are being actively introduced into healthcare. The recent successful efforts of artificial intelligence in diagnosing, predicting and studying diseases, as well as in surgical assisting demonstrate its high efficiency. The AI’s ability to promptly take decisions and learn independently has motivated large corporations to focus on its development and gradual introduction into everyday life. Legal aspects of medical activities are of particular importance, yet the legal regulation of AI’s performance in healthcare is still in its infancy. The state is to a considerable extent responsible for the formation of a legal regime that would meet the needs of modern society (digital society). Objective: This study aims to determine the possible modes of AI’s functioning, to identify the participants in medical-legal relations, to define the legal personality of AI and circumscribe the scope of its competencies. Of importance is the issue of determining the grounds for imposing legal liability on persons responsible for the performance of an AI system. Results: The present study identifies the prospects for a legal assessment of AI applications in medicine. The article reviews the sources of legal regulation of AI, including the unique sources of law sanctioned by the state. Particular focus is placed on medical-legal customs and medical practices. Conclusions: The presented analysis has allowed formulating the approaches to the legal regulation of AI in healthcare.

Keywords: artificial intelligence; medical law; robot law; robotic surgery; medical ethics; liability of cyberphysical systems (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2021
References: View references in EconPapers View complete reference list from CitEc
Citations: View citations in EconPapers (1)

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