Balancing innovation and ethics: a study on the impact of AI on medical negligence and the rule of law

Abstract

Artificial intelligence systems are integrated in most professional fields, including healthcare, where it is already being utilized for prevention, diagnosis, or treatment. However, the application and potential misuse of AI can lead to adverse outcomes. This paper aims to analyse the role that the use of artificial intelligence systems in the medical field will play in the face of possible cases of professional negligence. The definition of the medical lex artis has always been the subject of doctrinal debate. This debate is now shaken by the introduction of these tools that are key in the decision-making process of the healthcare professional. To properly weigh this importance, it is necessary to analyse a characteristic common to most artificial intelligence systems, the black box.