Legal Possibilities of Using AI in Medicine, with Particular Emphasis on Imaging Diagnostics and Responsibility of Medical Entities – Polish Perspective

Abstract

The method/practise of providing healthcare services has been significantly modified due to the development of the pandemic. In everyday medical practice, the use of telecommunication media has begun to be widely used, which enable the provision of healthcare services at a distance. The next step is the use of artificial intelligence during the planning, implementation and control of medical activities, which will support and even replace humans at various stages of medical activities. The article discusses issues related to the use of artificial intelligence in the process of medical activities, referring the above to the perspective of current legal regulations. Considering the nature of civilization diseases, the paper refers to the use of AI on the basis of imaging diagnostics constituting the basis for cancer diagnosis and therapy. The choice of this broad topic was motivated by the indications of the latest literature, which emphasize that malignant tumor is the most common cause of death in developed countries and it is estimated that the number of cases will continue to increase in aging populations. The article is one of the first attempts to analyze the principles of using AI in medicine and the principles of its liability for potential damage. The authors used the method of analyzing the applicable regulations, including regulations under European law, and also made a synthetic analysis of the position of the judicature and doctrine. The article indicates that the liability for damage caused by AI should be identified with liability for a dangerous product. At the same time, the civil liability of the medical entity for damages resulting from the use of AI in the diagnostic imaging process will be subject to the general regime of tort liability.