Volume 8,Issue 9
Reconstructing the Duty of Care in Medical Artificial Intelligence Applications
Medical artificial intelligence is becoming deeply integrated into the entire clinical workflow, driving the rapid development of intelligent healthcare while giving rise to new risks of medical tort liability. In the current scenarios of medical AI, physicians’ duty of reasonable care faces challenges from the weakening of independent clinical judgment; the duty of disclosure is challenged by notification and blurred boundaries; and patients’ personal information is exposed to risks throughout the entire data lifecycle. To address these issues, officials should establish prudent diagnostic responsibility rules under human-machine collaboration, a tiered disclosure and shared decision-making mechanism, a full-lifecycle data protection framework, and a multi-stakeholder collaborative oversight and technical support system. This will enable a reasonable reconstruction and effective regulation of duty of care obligations among responsible parties for the application of medical artificial intelligence.
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