Fault–Based Liability for Medical Malpractice in the Age of Artificial Intelligence: Α Comparative Analysis of German and Greek Medical Liability Law in View of the Challenges Posed by AI Systems

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dc.contributor.authorMaroudas, Vasileios
dc.date.accessioned2024-07-17T06:00:06Z
dc.date.available2024-07-17T06:00:06Z
dc.date.issued2024
dc.description.abstractThe rapid developments in the field of AI pose intractable problems for the law of civil liability. The main question that arises in this context is whether a fault-based liability regime can provide sufficient protection to victims of harm caused by the use of ΑΙ. This article addresses this question specifically in relation to medical malpractice liability. Its main purpose is to outline the problems that autonomous systems pose for medical liability law, but more importantly, to determine whether and to what extent a fault-based system of medical liability can adequately address them. In order to approach this issue, a comparative examination of German and Greek law will be undertaken. These two systems, while similar in substantive terms, differ significantly at the level of the burden of proof. In this sense, their comparison serves as a good example to “test” the adequacy of the fault principle in relation to AI systems in the field of medicine, but also to illustrate the practical importance that rules on the allocation of the burden of proof can have in cases of damage caused by the use of AI. As will eventually become apparent, the main problem appears to lie not in the fault principle itself, which, for the time being, at least in the form of objectified negligence, seems to protect the patient adequately, but mainly in the general rule for the allocation of the burden of proof, which is precisely why the fault principle ends up working to the detriment of the patient.
dc.identifier.citation„Review of European and Comparative Law”, 2024, Vol. 57, No 2, s. 135-169
dc.identifier.doi10.31743/recl.17223
dc.identifier.issn2545-384X
dc.identifier.urihttps://hdl.handle.net/20.500.12153/7588
dc.language.isoen
dc.publisherWydawnictwo KUL
dc.rightsAttribution 4.0 Internationalen
dc.rights.urihttp://creativecommons.org/licenses/by/4.0/
dc.subjectmedical liability
dc.subjectautonomous systems
dc.subjectfault principle
dc.subjectburden of proof
dc.subjectliability for presumed fault
dc.titleFault–Based Liability for Medical Malpractice in the Age of Artificial Intelligence: Α Comparative Analysis of German and Greek Medical Liability Law in View of the Challenges Posed by AI Systems
dc.typeinfo:eu-repo/semantics/article
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Review of European and Comparative Law, 2024, Vol. 57, No. 2