Analysis of the application risks and legal strategies of intelligent medical algorithms / 中华医院管理杂志

ABSTRACT

Artificial intelligence algorithms play an important role in the medical field with their unique technological advantages and operational logic. However, due to the " black box" nature and security flaws of artificial intelligence algorithms, there were problems in the application of intelligent medical algorithms, such as the alienation of medical personnel′s subject status, the alienation of right to informed consent for diagnosis and treatment, the alienation of health fairness, and the alienation of health information security. At the same time, there were some practical difficulties in the process of regulating risks, such as the difficulty in determining the responsibility of the legal person, the incompleteness of the causal chain, the lag of the scene regulation of laws and regulations, and the increasing difficulty in protecting health information. In order to prevent the alienation of power in medical intelligent algorithms and promote the healthy development of intelligent medicine, the author suggested to adhere to the embedding of tool attributes in the underlying logic of medical algorithms, enhance the interpretability of medical algorithms, improve relevant laws and regulations, and strengthen the risk supervision mechanism of intelligent medical algorithms.