Moving from the latest developments in the field of artificial intelligence (AI) at EU level, the workshop is aimed to guide judges and other trainees in addressing legal issues raised by the by the use of AI systems in the field of health. Special regard will be given to the effective protection of fundamental rights involved: the right to health, data protection, the right not to be discriminated due to biases embedded in AI systems. The impact of AI on the doctor-patient relationship will be discussed, both in diagnostic and therapeutic phases.
An interdisciplinary dialogue, involving medical practitioners, IT experts and psychologists together with judges, lawyers and legal scholars, will enable to examine the extent to which AI allows a higher protection of health as a fundamental right; whether and how it impacts on the level of information due to the patient, on the modes of patient’s consent and on the level of care due by the doctor, by IT operators involved and by healthcare facilities; how risks linked to the use of AI-based technology should be assessed within the doctor-patient relationship and, ex post, in liability claims. The link between medical liability, product liability and AI operators’ liability will be examined in the context of the recent EU initiatives in this field.
The workshop will be structured as follows: a first part will be devoted to the impact of AI on the patient-doctor relationship and the patient’s consent, whereas a second part will focus on the upcoming changes brought by EU legislation in the area of AI- and product-liability as applied in the field of tele-medicine, wearable health devices, AI-robotics and the like.
Workshop activities will include keynote speeches, interdisciplinary roundtable discussions and practical sessions (Justice Labs) aimed at presenting concrete applications of AI technology in the field of health and their possible implications in the adjudication of liability cases.