Speaker
Description
The advent of AI in healthcare is rewriting the coordinates of the therapeutic relationship, challenging the dogmas of civil and constitutional law.
The current European regulatory framework — even in light of the new AI Act — proves structurally inadequate. Traditional civil liability models fail to properly allocate the risks of "algorithmic errors" and reject the fiction of "electronic personality." Furthermore, the clinical use of algorithms generates profound information asymmetries and unprecedented cognitive vulnerabilities in the "digitalized" patient, demonstrating that purely ex post compensatory or deregulatory approaches cannot ensure the preventive protection of personality rights.
Consequently, jurists have to embrace a "new legal humanism," where the machine remains strictly ancillary to human judgment. To balance technological innovation with the protection of health, dignity, and self-determination, it is imperative to overcome classical categories. This requires adopting a functional liability framework that is dynamically modulated according to the system's level of autonomy, alongside no-fault risk-management insurance schemes for highly automated AI.
Ultimately, this represents a crucial paradigm shift to guarantee legal certainty and shield human centrality, without hindering scientific progress.
| Presenting author | Sharon Alison Ferro |
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