The Necessity of Explaining the Multi-layered Responsibility of Artificial Intelligence from the Perspective of the Ethical and Legal System in Medicine
Subject Areas : Medical law
1 - Master's degree student in private law, Law Department, Ahrar Higher Education Institute, Rasht, Iran.
Keywords: Artificial intelligence, multi-layered liability, medical ethics, liability gap, algorithmic bias ,
Abstract :
Artificial intelligence, by entering the field of medicine, has brought about a profound transformation in diagnosis, treatment, and surgery; however, at the same time, it has generated serious challenges for legal and ethical systems. The complexity of the technology, the involvement of multiple actors (physicians, hospitals, developers, and manufacturers), and the opaque nature of algorithms have rendered the traditional concept of liability ambiguous and have given rise to a “liability gap.” The main objective of this study is to explain the necessity of designing a multilayered liability regime for artificial intelligence in medicine through an integrated legal–ethical approach, and to examine the capacities and shortcomings of the Iranian legal system in this regard. This research is descriptive-analytical in nature and has been conducted through a library-based method with reference to معتبر domestic and international sources.In the Iranian legal system, artificial intelligence lacks legal personality, and existing laws (such as the Civil Liability Act and the Islamic Penal Code) are largely based on fault-based liability. Nevertheless, there are capacities within Imamiyyah jurisprudence (such as the no-harm rule and the doctrine of causation) as well as institutions like liability for things and producer liability that can provide a theoretical foundation for the development of a multilayered liability system. Accordingly, the responsible deployment of artificial intelligence in medicine requires a transition from traditional linear liability to a multilayered, dynamic, and risk-based liability regime, in which responsibility is transparently allocated among physicians, developers, and hospitals. The enactment of specific regulations for health data, the imposition of obligations of transparency and algorithmic explainability, the establishment of specialized ethics committees, and the guarantee of meaningful human oversight are among the most important practical measures for bridging the liability gap and achieving therapeutic justice in the era of artificial intelligence.
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