医疗人工智能侵权法律责任问题探究

Exploration of the Legal Liability for Infringement of Medical Artificial Intelligence

摘要: 随着医疗技术的飞速发展，人工智能在医疗领域的应用越来越广泛。然而，随之而来的侵权问题也日益凸显。本文深入探讨了医疗人工智能领域的侵权责任问题。文章追溯了医疗人工智能侵权责任的发展脉络，详细剖析了当前医疗人工智能在侵权责任方面的现状，包括产品缺陷与人为因素两大方面。针对责任主体模糊、侵权行为认定复杂、举证困难以及赔偿责任不明等实际困境，文章进行了细致分析。最后，提出了明确责任主体、构建侵权行为认定机制、解决举证难题以及明确赔偿责任等具体对策，为医疗人工智能侵权责任的完善提供了有益思路。本文的研究对于规范医疗人工智能的健康发展、保障患者权益具有重要理论价值和实践意义。

Abstract: With the rapid development of medical technology, the application of artificial intelligence in the medical field is becoming more and more extensive. However, the ensuing infringement problem has also become increasingly prominent. This article delves into the issue of tort liability in the field of medical artificial intelligence. This paper traces the development of medical artificial intelligence tort liability, and analyzes in detail the current status of medical artificial intelligence in tort liability, including product defects and human factors. In view of the practical difficulties such as the ambiguity of the subject of liability, the complexity of the identification of infringement, the difficulty of adducing evidence, and the unclear liability for compensation, this paper makes a detailed analysis. Finally, specific countermeasures such as clarifying the subject of liability, constructing a mechanism for determining infringement, solving the problem of proof and clarifying the liability for compensation are proposed, which provides useful ideas for the improvement of the tort liability of medical artificial intelligence. The research in this paper has important theoretical value and practical significance for standardizing the healthy development of medical artificial intelligence and protecting the rights and interests of patients.