Abstract

Background: Artificial intelligence (AI) is applied in numerous areas of society and has also led to significant changes in the field of medicine. Medicine is a branch of science of exceptional importance, and it is therefore necessary to ensure a high level of patient protection. The quality of healthcare has significantly improved through the use of artificial intelligence in various stages of the medical process, from the analysis of medical data and diagnostics, through therapy planning, to patient monitoring and the management of healthcare systems. Objective: The aim of this paper is to analyze the civil law aspects of artificial intelligence in medicine, with a particular focus on questions of liability for damage resulting from the use of such systems. Methods: The paper will first present the basic characteristics and areas of application of artificial intelligence in medicine, and then examine potential sources of damage and the legal basis for the liability of various stakeholders, including AI system manufacturers, software developers and data providers, healthcare institutions, and healthcare professionals. Special attention will be given to the challenges of proving causation and allocating liability in situations where decisions are made or supported by autonomous algorithmic systems. Results and Discussion: However, at the same time, numerous legal issues arise, particularly in the field of civil liability in cases where the application of artificial intelligence results in harm to a patient. Given the great importance of medicine and the need to ensure a high level of patient protection, the application of artificial intelligence must be accompanied by appropriate legal protection. The paper gives answers to a number of questions, with particular emphasis on the question of who may be held liable for damage caused by the use of artificial intelligence in medicine, as well as under which regulations and in what manner such liability is determined. Conclusion: Artificial intelligence has the potential to significantly enhance medical practice, its application must be accompanied by appropriate legal mechanisms that ensure patient protection and clearly define the responsibility of all participants in the system. Future legal development in this area will likely focus on further adapting existing civil law institutions to the specificities of artificial intelligence, while simultaneously strengthening preventive risk management mechanisms and transparency of AI systems in medicine.

Key words: artificial intelligence, medicine, liability for damage, subjective liability, strict liability.