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The problem of harm caused by autonomous robots in medicine

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Resumo:This article will examine the issue of civil liability for damage caused by systems equipped with Artificial Intelligence (AI) used in medical practice, specifically robots. Taking as its starting point the idea that these autonomous entities, unlike human beings, are devoid of emotions and states of fatigue that might compromise their performance, their decisions depend solely on algorithms operating on the basis of machine learning methods, the occurrence of damage and the possible triggering of civil liability under its traditional categories based on fault and risk may prove insufficient to address that damage and identify the party responsible. To analyse this issue, we shall first briefly examine the use of mechanisms equipped with Artificial Intelligence in medical contexts and the potential triggering of civil liability for damage caused by them, before proceeding, with the necessary critical reflection, to ascertain who is liable for such damage with a view to the necessary attribution of liability for its compensation.
Autores principais:da Costa Magalhães, Lara Alice
Outros Autores:Malta Fernandes, Maria
Assunto:Danos Inteligência Artificial (IA) Medicina Robôs Artificial Intelligence (AI) Damage Medicine Robots
Ano:2026
País:Portugal
Tipo de documento:artigo
Tipo de acesso:unknown
Instituição associada:Ponteditora
Idioma:português
Origem:J2 - Jornal Jurídico
Descrição
Resumo:This article will examine the issue of civil liability for damage caused by systems equipped with Artificial Intelligence (AI) used in medical practice, specifically robots. Taking as its starting point the idea that these autonomous entities, unlike human beings, are devoid of emotions and states of fatigue that might compromise their performance, their decisions depend solely on algorithms operating on the basis of machine learning methods, the occurrence of damage and the possible triggering of civil liability under its traditional categories based on fault and risk may prove insufficient to address that damage and identify the party responsible. To analyse this issue, we shall first briefly examine the use of mechanisms equipped with Artificial Intelligence in medical contexts and the potential triggering of civil liability for damage caused by them, before proceeding, with the necessary critical reflection, to ascertain who is liable for such damage with a view to the necessary attribution of liability for its compensation.

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