Discussion on the impact of artificial intelligence on the principle of attribution for medical damage liability
10.12026/j.issn.1001-8565.2025.09.15
- VernacularTitle:人工智能对医疗损害责任归责原则影响的探讨
- Author:
Ruishuang LIU
1
Author Information
1. School of Health Humanities， Peking University， Beijing 100191， China
- Publication Type:Journal Article
- Keywords:
artificial intelligence;
medical damage liability;
principle of liability attribution;
fault liability;
presumption of fault liability;
no-fault liability
- From:
Chinese Medical Ethics
2025;38(9):1199-1206
- CountryChina
- Language:Chinese
-
Abstract:
China’s traditional principle of liability attribution for medical damage adopts a tripartite theory， with fault liability as the general principle， supplemented by the presumption of fault liability and no-fault liability. At present， artificial intelligence （AI） has been widely used in the medical field. Based on the characteristics of moral autonomy and technological independent development， it brings unprecedented risks to patients’ rights and interests while generating benefits， resulting in the traditional principle of liability attribution for medical damage not being fully adapted to medical AI. On the one hand， in the case where the autonomous behavior of AI is not enough to affect the subject and causality of diagnosis and treatment activities， the traditional principle of liability attribution for medical damage can still be applied. On the other hand， after the fundamental change of causality caused by the high autonomy of AI in diagnosis and treatment activities， the traditional principle of liability attribution for medical damage is not suitable for AI. If the tradition is adhered to， it will easily lead to an imbalance of the doctor-patient interests and disorder medical order. Therefore， to rebuild the balance between the freedom of medical behavior and the protection of patient’s rights and interests， promote medical innovation， and make good use of AI to improve the level of diagnosis and treatment， thereby expanding patients’ autonomy and improving patients’ well-being， this paper explored how to adjust the principle of liability attribution for medical damage after the inclusion of AI in diagnosis and treatment activities， and make it fit with AI. AI-based risk management should be legislated to set compliance obligations for AI operators and formulate reasonable AI standards， and those who violate compliance obligations or do not meet standards should be presumed at fault. Therefore， the principle of liability attribution for medical damage involving AI should apply the presumption of fault liability； fault liability or no-fault liability should be applied cautiously.
