Civil responsibility of the doctor in the use of artificial intelligence

Abstract

Given the growing scenario of the use of artificial intelligence (AI) in health, this article aims to discuss the legal possibility of civil liability of the physician for the error practiced by intelligent equipment, used by professionals during health investigation or patient history., in view of relevant technological evolution to the point that the intelligent system makes choices by its own autonomous search. Increasing development on a large scale over the last ten years has made learning these machines ever more effective, enabling these systems to find information in a growing database. Thus, using the equipment equipped with AI, due to its autonomy and data access capacity, would not answer the doctor in case of a possible misdiagnosis. In order to achieve the objective of verifying that Brazilian legislation is prepared for the growing scenario of the physician's use of artificial intelligence equipment, the origin of artificial intelligence, the process of incorporation of it into the world society and the assumptions of civil liability go through. . Thus, it shows that the lack of law on the subject in Brazil generates a scenario of legal insecurity that can not abandon the offended case, it is urgent to discuss whether the civil liability for the fact is the doctor or machine.