3.8 Article

Artificial intelligence in healthcare: a critical analysis of the legal and ethical implications

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OXFORD UNIV PRESS
DOI: 10.1093/ijlit/eaz004

Keywords

Artificial intelligence; medical law and ethics; fairness; data protection; autonomy; accountability; negligence; liability; product liability

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Artificial intelligence (AI) is perceived as the most transformative technology of the 21st century. Healthcare has been identified as an early candidate to be revolutionized by AI technologies. Various clinical and patient-facing applications have already reached healthcare practice with the potential to ease the pressure on healthcare staff, bring down costs and ultimately improve the lives of patients. However, various concerns have been raised as regards the unique properties and risks inherent to AI technologies. This article aims at providing an early stage contribution with a holistic view on the 'decision-making' capacities of AI technologies. The possible ethical and legal ramifications will be discussed against the backdrop of the existing frameworks. I will conclude that the present structures are largely fit to deal with the challenges AI technologies are posing. In some areas, sector-specific revisions of the law may be advisable, particularly concerning non-discrimination and product liability.

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