Proceedings of Scientific Conference. TECHNOLOGY AND LAW

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ISBN 978-619-7768-49-7

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MEDICAL LIABILITY AND ARTIFICIAL INTELLIGENCE: HOW TORT LAW MAY AFFECT THE USE OF AUTOMATED DEVICES
(Plovdiv University Press, 2025-12-15) Guido Grasso, Alfio
The field of medicine is among the areas most heavily affected by the development and application of artificial intelligence. However, this advancement raises ethical and legal issues that are difficult to resolve, especially in cases of harm caused by medical devices capable of autonomous decision-making. In assessing the behaviour of a physician who has used a faulty robotic or diagnostic medical device, the level of control over the device and the accuracy with which the patient has been informed are relevant. These difficulties must also be considered in light of recent legislative proposals in the European context, which seek to address the phenomenon of artificial intelligence from an integrated perspective – both by establishing the requirements it must meet in order to minimise the risk of harm, and from an ex post perspective to better address harm produced. The precision and accuracy of these devices must not be overlooked, and their supervised development should also be promoted through appropriate and targeted liability rules, rather than merely repressive ones.