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Medical Error and Medical Negligence in AI Healthcare
Iong, Man Teng
2024-07-21
Size of Audience400
Type of SpeakerResearchers, legal professionals, professors, posgraduate students, lawyers
AbstractThis study explores the intricate interplay between medical law and ethics within the evolving landscape of AI-related healthcare. It delves into the distinction between medical errors and medical malpractice, emphasizing adherence to recognized standards of care. Two critical areas, diagnosis, and medical treatments, are examined. In the domain of diagnosis, empirical evidence suggests AI outperforms healthcare professionals in accuracy. While healthcare professionals may commit malpractice through misdiagnosis, AI-related diagnoses, although prone to errors, do not breach the standard of care. Likewise, the paper scrutinizes medical treatments, highlighting scenarios where malpractice may occur, whether executed by healthcare professionals or AI-related systems. Compliance with established standards of care remains pivotal in preventing medical malpractice. Furthermore, the paper anticipates a future where autonomous AI could potentially cause harm intentionally, posing challenges to existing legal frameworks. Discussion revolves around legal personality, criminal penalties, and civil indemnization for autonomous AI, necessitating a reevaluation of traditional notions of accountability. This exploration contributes to a comprehensive understanding of the legal and ethical dimensions of AI in healthcare, underscoring the importance of addressing emerging complexities through further research.
KeywordMedical Malpractice Ai-related Healthcare Standard Of Care Diagnosis Accuracy Autonomous Ai Liability
URLView the original
Conference Date2024-07-20 to 2024-07-23
Conference PlaceBatam, Indonesia
Document TypePresentation
CollectionDEPARTMENT OF MACAO LEGAL STUDIES
Corresponding AuthorIong, Man Teng
AffiliationUniversity of Macau, Faculty of Law
First Author AffilicationFaculty of Law
Recommended Citation
GB/T 7714
Iong, Man Teng. Medical Error and Medical Negligence in AI Healthcare, 2024-07-20 to 2024-07-23.
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