RISS 검색 - 국내학술지논문 상세보기

다국어 초록 (Multilingual Abstract)

Since artificial intelligence was proposed in the last century, the technological advancement has been promoting the development of AI doctor, which has already entered the medical life in China. As AI doctors are based on elements such as big data and evolutionary algorithms, they have new knowledge learning capabilities and massive information processing capabilities that far exceed those of human doctors, and can provide patients with more efficient and high-quality medical services. Its accuracy in diagnosing and treating diseases is also much higher than that of human doctors. Thus, AI doctors have bright future in the entire life cycle of medical activities such as medical consultation, intelligent diagnosis, intelligent treatment, and health management. At the same time, the continuous medical damages of AI doctors used in the market indicate that it has a huge potential risk, for the existence of technical black boxes may cause irreversible damage to the personal health of patients. As a financial way to protect victims and diversify social risks, medical liability insurance plays a vital role in promoting the development of new technologies and solving related medical damage.
However, our nation's medical liability insurance system is facing difficulties and is currently unable to perform its due function. On the one hand, insufficient compulsory medical liability insurance has led to insufficient coverage, the coverage of insurance is too narrow, and the existing problems of imperfect supporting systems have not yet been resolved, and medical liability insurance has its own development difficulties; More importantly, the participation of AI doctors has a huge impact on the doctor's fault identification and traditional fault liability, and the relationship between the relevant insurance systems is also quite chaotic. Artificial intelligence poses a challenge to the current medical liability insurance legal system, and it is urgent to improve and reform medical liability insurance. In this regard, in the future medical liability insurance, these existing and new problems should be fully considered. The key points are the identification of fault, the introduction of no-fault compensation, and the linking to related insurance systems. This is the main direction for the improvement of the legal system in the future. Specifically, in the future, the improvement of our country's medical liability insurance legal system should conform to the technological development of AI doctors, improve the traditional fault identification, introduce no-fault compensation to reform the traditional principle of single fault, and clarify the relationship between various insurances to relieve the parties.

참고문헌 (Reference)

1 Wang ZeJian, "“Tort Act” Volume 1" China University of Political Science and Law Press 2001

2 Andrew P. Garza, "“Look Ma,No Hands!”:Wrinkles and Wrecks in the Age of Autonomous Vehicles" 2012

3 Charles, "Wordsworth Classics" Wordsworth Editions Ltd 1992

4 David M.Studdert, "Toward a Workable Model of No-fault Compensation for Medical Injury in the United States" 27 : 2001

5 Yang LiXin, "The success and shortcomings of the “Tort Liability Law” in reforming the medical damage liability system" (4) : 2010

6 Li RenSheng, "The application and evolution of medical damage liability rules from the perspective of artificial intelligence" (11) : 2019

7 Shen WeiXing, "The Remodeling of the Doctor-patient Relationship and the Formulation of our country's “Medical Law”" (12) : 2015

8 Lin Nuannuan, "The Reform of No-fault Medical Liability in the United States: The Origin of the System and the Enlightenment of Legal Principles" (2) : 2010

9 Paul C. Weiler, "The Case for No-Fault Medical Liability" 52 : 1993

10 Harlow, C., "State Liability: Tort Law and Beyond" Oxford University Press 2004