Civil Liability Problems Caused by Medical Decision Making Mistakes about Artificial Intelligence
As artificial intelligence is increasingly applied to the health care sector, it has been used for diagnosis and treatment; this results in many problems regarding responsibility. In this paper I argue that the correct classification for an AI making medical decisions is not as a new type of legal entity, but instead as an "extension" of the Medical tool. Based on it, from four aspects of the tort liability elements caused by wrong decision in medicine according to AI -unlawful act, factual damage, causality link-up, who bears a grudge- is analyzed. Furthermore, It explores these 3 types of liability; Product Liability,Medical Negligence Liability and Service Contract Liability.In addition if multiple parties' combined liabilities exist then we have to carry out sort of an Algorithm Audit in order distribute it fairly. To give theory and practice reference in order to improve the legality of AI assisted healthcare.
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Civil Liability Problems Caused by Medical Decision Making Mistakes about Artificial Intelligence
Semantic Scholar · 2026
Abstract
As artificial intelligence is increasingly applied to the health care sector, it has been used for diagnosis and treatment; this results in many problems regarding responsibility. In this paper I argue that the correct classification for an AI making medical decisions is not as a new type of legal entity, but instead as an "extension" of the Medical tool. Based on it, from four aspects of the tort liability elements caused by wrong decision in medicine according to AI -unlawful act, factual damage, causality link-up, who bears a grudge- is analyzed. Furthermore, It explores these 3 types of liability; Product Liability,Medical Negligence Liability and Service Contract Liability.In addition if multiple parties' combined liabilities exist then we have to carry out sort of an Algorithm Audit in order distribute it fairly. To give theory and practice reference in order to improve the legality of AI assisted healthcare.