Responsabilidade civil do médico frente à inteligência artificial: o erro no diagnóstico e a insegurança jurídica - Civil liability of doctors in the face of artificial intelligence: diagnostic error and legal uncertainty

Abstract

The objective of this work is to analyze the civil liability of physicians in the diagnosis of diseases using artificial intelligence (AI), based primarily on the Civil Code, considering the context of AI's evolution and its presence in medicine and its diagnostics. The study focuses on civil liability, focusing on the medical community and its application in this field, and how it is adapting to the changes of the 21st century, with the massive penetration of technology into society and the medical profession. The research is structured around a bibliographical study, aiming to bring together different analyses and approaches that would provide a broad perspective on the topic. Thus, it can be concluded that the civil liability of physicians will still be widely debated in our legal system, given that it is unclear whether this civil liability should in fact fall solely on the physician, as is the case, or also on the creators of AI systems.

DESCRIPTORS: Physician's civil liability; Artificial Intelligence; Diagnosis; Negligence;