Legal regulation of clinical application of artificial intelligence

Abstract

With the wide application of artificial intelligence (AI) technology in clinical practice, more and more legal problems need to be solved. At present, although the legal status of AI is still controversial in academic and practical circles, its infringement risk in clinical diagnosis and surgery cannot be avoided. On the basis of the distinction between strong and weak AI liability subjects, those who meet the requirements of infringement, damage consequence, causal relationship, subjective fault, etc., can constitute tort liability, but the existence of exemption causes can also exempt liability. In addition to the ex post accountability of tort liability, it is also necessary to establish a complete administrative legal regulation system. At present, China needs to explore and establish the classification registration system, compulsory insurance system and reserve system of AI as soon as possible, so as to strengthen the legal regulation of the whole process of AI clinical application before, during and after the event.