Application and Adjustment of Medical Damage Liability Rules from Perspective of Artificial Intelligence
LI Run-sheng1, SHI Biao2
1. College of Humanities,Beijing University of Chinese Medicine,Beijing 100029; 2. College of Civil and Commercial Law, China University of Political Science and Law, Beijing, 100088
Abstract：Medical treatment is the earliest, fastest growing and most special field in which artificial intelligence is used. Countries around the world respond to it through legislation. Artificial intelligence is quietly changing the medical decision-making process and the results. The mode of “AI decision-making + doctor reviewing” will become a regular practice, which will have strong impact on conventional medical damage liability rules. The autonomy of AI makes it more difficult for victims to seek relief according to current rules. The special legal position of medical artificial intelligence and the principle of differential treatment also require appropriate adjustment of current medical damage liability rules in China. With weak AI, we should increase the items of legal presumption of fault, reduce the standard for causality proof, adjust the subject of medical product liability, set up statutory presumptive items for defect proof and appropriately adjust exemption items. With strong artificial intelligence, we should adopt fault and causality presumption system, set up compulsory medical liability insurance, medical product compulsory liability insurance and compensation fund to ensure adequate and timely compensation for victims and social dispersion of risks.
李润生, 史飚. 人工智能视野下医疗损害责任规则的适用和嬗变[J]. 《深圳大学学报》（人文社科版）, 2019, 36(6): 91-99.
LI Run-sheng, SHI Biao. Application and Adjustment of Medical Damage Liability Rules from Perspective of Artificial Intelligence. , 2019, 36(6): 91-99.
2019, Vol. 36 
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