Goals
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 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 against 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.
Structure
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.
Programme
| 9:00 – 9:15 | Registration |
| 9:15 – 9:45 | Welcome & presentation Artificial intelligence and the protection of health as a fundamental right: introduction to the workshop Paola Iamiceli (UniTrento) - Mireia Artigot I Golobardes (UPF) |
| 9:45 – 11:15 | The use of artificial intelligence in healthcare: challenges and opportunities Chair: Paola Iamiceli Marco Zenati (Harvard Medical School and University of Trento) Q&A |
| 11:15-11:30 | Coffee break |
| 11:30-13:15 | Artificial intelligence and fundamental rights: setting the ethical and legal framework in Europe Chair: Mireia Artigot Golobardes Lee Hibbard (Council of Europe, Bioethics division) Q&A |
| 13:15-14:45 | Lunch Break |
| 14.45 -16:30 | Group activity (Justice Lab) Methodological introduction: Laura Piva (University of Trento) Plenary session (groups presentation) Chair: Sandra Passinhas (University of Coimbra) |
| 16:30-16:45 | Coffee break |
| 17:00-18:30 | Roundtable on AI and the patient – doctor relationship: AI applications, medical decision-making, the role of informed consent and the liability implications Chair: Fabrizio Cafaggi (Italian Council of State) Ketty Mazzocco (University of Milan and European Institute of Oncology) |
| AI and medical liability: how do they interact? | |
|---|---|
| 09.00-09.30 | The forthcoming EU legal framework on AI and Product Liability and its impact in the field of healthcare Chair: Sonia Ramos Gonzàlez (UPF) Yannos S. Tolias (European Commission, DG for Health and Food Safety) Q&A |
| 09.30 -11:00 | Roundtable on AI liability in the health sector and the protection of health as a fundamental right Chair: Timothée Paris (French Council of State) Mindy Duffourc (Maastricht University) |
| 11:00 -11:15 | Coffee break |
| 11.15-13.00 | Group activity (Justice Lab) Methodological introduction: Tommaso De Mari (University of Trento) Plenary session (groups presentation) Practical session’s tutors: Tommaso De Mari (University of Trento), |
| 13.00-13.30 | Ensuring effective protection of fundamental rights in AI-supported healthcare: the way forward Chair: Sandrine Clavel (UVSQ) Oreste Pollicino (Fundamental Rights Agency and Bocconi University) |
| 13.30 | End of the workshop |