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14 - Liability Standards for Medical Robotics and AI

The Price of Autonomy

from Part IV - AI and Physical Manifestations

Published online by Cambridge University Press:  28 July 2022

Larry A. DiMatteo
Affiliation:
University of Florida
Cristina Poncibò
Affiliation:
Università degli Studi di Torino, Italy
Michel Cannarsa
Affiliation:
Catholic University of Lyon, France
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Summary

Allocation of liability for harm caused at least partially by AI or medical robot can be based upon a binary distinction. The binary is the distinction between substitutive and complementary automation. When AI and robotics substitutes for a physician, strict liability is more appropriate than standard negligence doctrine. When the same technology merely assists a professional, a less stringent standard is appropriate. Such standards will help ensure that the deployment of advanced medical technologies is accomplished in a way that complements extant professionals’ skills, while promoting patient safety.

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The Cambridge Handbook of Artificial Intelligence
Global Perspectives on Law and Ethics
, pp. 200 - 212
Publisher: Cambridge University Press
Print publication year: 2022

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