AI衍生醫療糾紛之民事責任──以構成要件為中心【醫法新論】 試閱
The Civil Liability of Medical Dispute from AI-focus on the Analysis of Elements
隨著人工智慧（AI）發展，AI生技醫療器材廣為醫界使用，有望達成精準醫療目標。但使用中衍生醫療爭議，如肯認其「機器人格」，由其負責，固無疑義。惟在現仍為弱AI時代，應否認其為權利主體，則如否基於證據偏在，法院認醫師應負舉證責任倒置義務時，從臨床裁量、過失注意標準、說明義務、因果關係等構成要件，面對AI演算法之黑箱現象，醫師又如何舉證免除，均值探討。
With the development of artificial intelligence (AI),the equipments of AI biomedical are used extensively in medical fields for achieving the purpose of Precision Medicine. While the medical disputes happen during working, it goes without question that it should take responsible for agreeing its "mechanical personality." Nevertheless, we are now still in the age of weak AI, whether we should consider it as the subject of right is based on relevant evidences are mostly archived in medical institutions, if the courts consider that doctors should take responsible for inversing their burden of proof, including examine the elements of the exercise of professional clinical discretion, medical due care, obligation to explanation, causation etc, and facing the black-box phenomenon of AI algorithm, how to exempt the doctor burdens of proof is worth discussing.
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