Abstract
Artificial intelligence (AI) has recently become an integral part of a health care system. AI algorithms improve the work of doctors by shortening the time of diagnosis and treatment, solving difficult therapeutic problems, performing surgeries. The patients benefit from modern AI technologies as well – they do not wait long for a proper diagnosis, they’re treated quicklier and as result – may recover easier and come back to work. However, using the AI devices is risky since the bodily injuries may occur. It is so because artificial intelligence systems are complicated, autonomous and unpredictable to quite a high degree. Therefore, it is necessary for the doctrine and – in the long run – for the legislator as well to determine the rules of liability and the persons obliged to indemnify the injured. The idea is that the current provisions on tort liability may be applied per analogiam, in particular the strict product liability regulations. The provisions of Article 4491 and the following of the Civil Code may de lege lata constitute an optimal and adequate regime of redressing the damage caused to patients. Notwithstanding there is no need to recognize artificial intelligence as a legal entity (robot personhood) and to burden it with the obligation to pay damages.
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