Analysis of approaches to determining legal liability for the actions of artificial intelligence in the medical field: the experience of the United States and Russia.

Abstract

This article introduces a comparative analysis of existing approaches to determining the liability of artificial intelligence in the context of public medical relations between the United States and Russia. As part of the comparative analysis, the basic problems in the field of transparency in the decision-making of artificial intelligence were identified, theoretical and practical situations for the use of artificial intelligence in the medical field were considered, and possible compensatory legal measures were proposed to ensure the safe integration of artificial intelligence into the healthcare sector in Russia. The subject of the study is the formalization of artificial intelligence actions in legal relations between a doctor and a patient. The object of the study is regulatory documents, recommendations and other documents regulating the use of artificial intelligence for the purposes of medical legal relations in Russia and the United States, judicial practice, academic publications and analytical reports on the issues under study. The research methodology integrates a complex of modern philosophical, general scientific, special scientific methods of cognition, including dialectical, systemic, structural-functional, hermeneutical, comparative legal, formal legal (dogmatic), etc. Within the framework of this study, special emphasis is laid on the implementation of a comparative legal study of the phenomenon of the autonomy of artificial intelligence involved in legal relations between a doctor and a patient, followed by the identification of potential scenarios for regulating responsibility for AI actions. The measures proposed as a result of the study can be applied in the legislative activities and their implementation by relevant authorities that are in charge of the integration of artificial intelligence into the sphere of public relations in Russia, including the healthcare sector.