Abstract
Background: Modern artificial intelligence applications are appearing in healthcare and medical practices. Artificial intelligence is used both in medical research and on patients via medical devices. The aim of this paper is to examine and compare English and Taiwanese tort laws in relation to medical artificial intelligence. Methods: The methodologies employed are legal doctrinal analysis and comparative law analysis. Results: The investigation finds that English tort law treats wrong diagnostic or wrong advice as negligent misstatement, and mishaps due to devices as a physical tort under the negligence rule. Negligent misstatement may occur in diagnosis or advisory systems, while a negligent act may occur in products used in the treatment of the patient. Product liability under English common law applies the same rule as negligence. In Taiwan, the general principles of tort law in Taiwan’s Civil Code for misstatement and negligent action apply, whereas the Consumer Protection Act provides for additional rules on product liability of traders. Conclusions: Safety regulations may be a suitable alternative to tort liability as a means to ensure the safety of medical artificial intelligence systems.
Highlights
Modern artificial intelligence applications are appearing in healthcare and medical practices (Nordlinger et al, 2020)
Employing a legal doctrinal methodology, which involves identifying the meaning and principles in statutory law and court decisions using a literal and sometimes, a teleological interpretation method to the legal text (Westerman, 2011; Hutchinson & Duncan, 2012), this paper examines tort law liability arising from artificial intelligence applications in medical practice from the perspectives of English and Taiwanese laws
In the context of artificial intelligence, liability arising from an informational tort may be due to an insufficient or outdated knowledge base, defective algorithms or coding, or even the inappropriate use of artificial intelligence tools by the users; while liability from a physical tort may be due to faulty equipment or sensors, or that the algorithm is not fit for its task
Summary
Modern artificial intelligence applications are appearing in healthcare and medical practices (Nordlinger et al, 2020). English and Taiwanese tort laws will be examined to identify the similarities and differences in their approaches, in order to determine the liability from medical artificial intelligence systems. They serve as a means of comparison between a common law jurisdiction and a civil law jurisdiction. The aim of this paper is to examine and compare English and Taiwanese tort laws in relation to medical artificial intelligence. In Taiwan, the general principles of tort law in Taiwan’s Civil Code for misstatement and negligent action apply, whereas the Consumer Protection Act provides for additional rules on product liability of traders. Conclusions: Safety regulations may be a suitable alternative to tort liability as a means to ensure the safety of medical artificial intelligence systems
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