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Legal Possibilities of Using AI in Medicine, with Particular Emphasis on Imaging Diagnostics and Responsibility of Medical Entities – Polish Perspective

100%

Król-Całkowska J., Walczak D.

Teka Komisji Prawniczej

2021

vol. 14

issue 1

205-218

The method/practise of providing healthcare services has been significantly modified due to the development of the pandemic. In everyday medical practice, the use of telecommunication media has begun to be widely used, which enable the provision of healthcare services at a distance. The next step is the use of artificial intelligence during the planning, implementation and control of medical activities, which will support and even replace humans at various stages of medical activities. The article discusses issues related to the use of artificial intelligence in the process of medical activities, referring the above to the perspective of current legal regulations. Considering the nature of civilization diseases, the paper refers to the use of AI on the basis of imaging diagnostics constituting the basis for cancer diagnosis and therapy. The choice of this broad topic was motivated by the indications of the latest literature, which emphasize that malignant tumor is the most common cause of death in developed countries and it is estimated that the number of cases will continue to increase in aging populations. The article is one of the first attempts to analyze the principles of using AI in medicine and the principles of its liability for potential damage. The authors used the method of analyzing the applicable regulations, including regulations under European law, and also made a synthetic analysis of the position of the judicature and doctrine. The article indicates that the liability for damage caused by AI should be identified with liability for a dangerous product. At the same time, the civil liability of the medical entity for damages resulting from the use of AI in the diagnostic imaging process will be subject to the general regime of tort liability.

Telemedicine in the Past and Now – Polish Regulatory Framework and the Scope of Civil and Criminal Liability of the Medical Staff

81%

Król-Całkowska J., Walczak D., Szymański W.

Teka Komisji Prawniczej

2022

vol. 15

issue 1

113-128

The development of telemedicine prompts us to focus on legal aspects related to the provision of ICT services by physician, as well as criminal liability for causing exposure to immediate risk of loss of life or health, as well as civil liability in the event of damage, excluding issues related to the provision of services by persons performing other medical professions (e.g. nurses, midwives, laboratory diagnosticians, pharmacists). Although telemedicine has become a permanent part of the scenario of providing services, the provisions of law refer to the discussed issue in a fragmentary manner. At the same time, the specificity of services implies a wide risk of the guarantor’s criminal liability for exposing the patient to the immediate risk of loss of life or health. The above is directly related to the omission of personal doctor-patient contact, which increases the probability of making a diagnostic or therapeutic error. Before the entry into force on 12 December 2015 of the Act of 9 October 2015 amending the Act on the information system in health care [...], only individual legal regulations related to the use of ICT to provide health services, as well as documents on the principles of medical ethics and deontology. Currently, there are no doubts that the provision of health services with the use of ICT is permissible and in accordance with the applicable law. The pandemic period contributed to the introduction of provisions regulating the principles of providing health services with the use of ICT in strictly defined areas, including, inter alia, primary health care.

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2 Teka Komisji Prawniczej

2 Król-Całkowska J.

2 Walczak D.

1 Szymański W.

1 2022

1 2021

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Legal Possibilities of Using AI in Medicine, with Particular Emphasis on Imaging Diagnostics and Responsibility of Medical Entities – Polish Perspective

Telemedicine in the Past and Now – Polish Regulatory Framework and the Scope of Civil and Criminal Liability of the Medical Staff