THE PROBLEM OF MEDICAL LIABILITY FROM USING OF ARTIFICIAL INTELLIGENCE TECHNOLOGY IN THE MEDICAL

Abstract

Abstract

            This research is conducted to study and analyze problems in medical liabilities from using artificial intelligence in the medical sector in Thailand, along with approaches to addressing the problems. This is a documentary research conducted through the
use of law textbooks, academic articles, legal articles, and other documents related to the use of artificial intelligence in the medical field. The research also compares theories and laws in the United States of America and Europe related to using artificial intelligence in the medical field.

          The results reveal that the law currently enforced in Thailand cannot properly address the use of artificial intelligence in medical facilities in the country. Such aspects as the certifications of use, the damages, liable parties, and remedies, Thai law lacks measures suitable for the use of artificial intelligence in such a particular field as the medical field. This can lead to injustice to stakeholders: the victim, the doctor, or the user of artificial intelligence in the medical. The researcher suggests that the laws and regulations related to defining and certifying the use of artificial intelligence be revised, and that the definition, the approval process, and the government oversight entity be addressed. The researcher also suggests that the remedy process for the victim, the definition of a liable party, and a more appropriate and just remedying schemes be explicitly defined.