Legal System for Medical Liability Insurance Relevant to AI Doctor in China

Abstract

Since artificial intelligence was proposed in the last century, the technological advancement has been promoting the development of AI doctor, which has already entered the medical life in China. As AI doctors are based on elements such as big data and evolutionary algorithms, they have new knowledge learning capabilities and massive information processing capabilities that far exceed those of human doctors, and can provide patients with more efficient and high-quality medical services. Its accuracy in diagnosing and treating diseases is also much higher than that of human doctors. Thus, AI doctors have bright future in the entire life cycle of medical activities such as medical consultation, intelligent diagnosis, intelligent treatment, and health management. At the same time, the continuous medical damages of AI doctors used in the market indicate that it has a huge potential risk, for the existence of technical black boxes may cause irreversible damage to the personal health of patients. As a financial way to protect victims and diversify social risks, medical liability insurance plays a vital role in promoting the development of new technologies and solving related medical damage. However, our nation's medical liability insurance system is facing difficulties and is currently unable to perform its due function. On the one hand, insufficient compulsory medical liability insurance has led to insufficient coverage, the coverage of insurance is too narrow, and the existing problems of imperfect supporting systems have not yet been resolved, and medical liability insurance has its own development difficulties; More importantly, the participation of AI doctors has a huge impact on the doctor's fault identification and traditional fault liability, and the relationship between the relevant insurance systems is also quite chaotic. Artificial intelligence poses a challenge to the current medical liability insurance legal system, and it is urgent to improve and reform medical liability insurance. In this regard, in the future medical liability insurance, these existing and new problems should be fully considered. The key points are the identification of fault, the introduction of no-fault compensation, and the linking to related insurance systems. This is the main direction for the improvement of the legal system in the future. Specifically, in the future, the improvement of our country's medical liability insurance legal system should conform to the technological development of AI doctors, improve the traditional fault identification, introduce no-fault compensation to reform the traditional principle of single fault, and clarify the relationship between various insurances to relieve the parties. 自上世纪人工智能被提出以来，每一次的技术进步都推动着一波人工智能医生的发展，人工智能医生早已进入中国的医疗生活中,正在广泛应用于医疗活动。基于人工智能医生以大数据和演进算法等要素为基础，其具有远超人类医生的新知识学习能力和海量的信息处理能力，可以更高效更优质地为患者提供医疗服务。其诊断治疗疾病的准确率远高于人类医生，人工智能医生在医疗咨询，智能诊断，智能治疗，健康管理等医疗活动全生命周期都具有光明的发展前景。与此同时，市场上应用的人工智能医生产品不断爆出的医疗损害表明，它具有巨大的潜在风险，由于技术黑箱的存在可能会对患者人身健康造成难以逆转的。作为保护受害人、分散社会风险的金融途径，医疗责任保险在促进新技术发展、解决相关医疗事故中具有至关重要的地位。 然而，中国医疗责任保险制度面临困境，目前难以发挥应有的功能。一方面，医疗责任保险强制性不足自身覆盖率不足，保险范围过于狭隘，相关配套制度也不完善的既有问题尚未得到解决，医疗�