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Legal Aspects of the Use of Artificial Intelligence in Healthcare

Student: Kiselyus Vitautas

Supervisor: Ekaterina Tretyakova

Faculty: Faculty of Law

Educational Programme: Pharmaceutical and Health Care Law (Master)

Final Grade: 10

Year of Graduation: 2024

Healthcare is a multifaceted and complex structure, covering not only the practical aspects of organizing and providing medical care to the population, but also the possibility of applying and developing the latest technological approaches to the diagnosis and treatment of diseases. The progressive development of intellectual technologies and their introduction into practice cannot occur without appropriate legal support, forming scientific discourses and disputes that result in the creation of initiatives, new legal acts, amendments, and creating precedents. Moscow became the first city in the Russian Federation to launch an experimental legal regime (EPR) for the development and implementation of AI technologies. As a result of the development and implementation of AI in the city of Moscow, it is planned to form a further algorithm for disseminating the implementation of AI throughout the Russian Federation. The experimental status of the law means that the positions formulated in it are not final, as well as the search for and identification of a significant number of errors and collisions in the use of AI systems, including in the healthcare sector. The relevance of the work is due not only to the increased interest in the developing segment of IT technologies, but also to the fact that the basic law does not regulate standards for the application and assessment of the quality of the results of such intelligent systems. The purpose of the work is to study the issues of legal regulation of the use of artificial intelligence in healthcare in the Russian Federation. Objectives: 1) Study the concept of artificial intelligence and regulatory requirements for its use in healthcare in the Russian Federation; 2) Conduct an analysis of the legal status of medical technologies operating on the basis of artificial intelligence; 3) Identify the main problems and risks associated with the use of artificial intelligence in healthcare; 4) Conduct an analysis of the legal field in which dispute resolution occurs in the event of errors and harm to health associated with the use of artificial intelligence algorithms; 5) Conduct an analysis of the ethical component of the use of artificial intelligence in healthcare; 6) Suggest ways to solve and prevent identified problems. Practical significance of the work: a review of the rapid development of artificial intelligence technologies and its integration into a socially significant sphere of human life - healthcare; emphasis is placed on the insufficient regulatory support for the implementation of artificial intelligence systems in practical healthcare, thereby shaping the development of potential legal conflicts in the event of a tort; the ethical problems of reactive digitalization of all elements of healthcare using innovative technological systems are described. The testing of the research results was carried out at the “IV Open Conference of Young Scientists” on April 3, 2024 (organized by the State Budgetary Institution of Healthcare of the City of Moscow “Scientific and Practical Clinical Center for Diagnostics and Telemedicine Technologies of the Moscow Health Department.” The work is done in a classic style. Consists of an introduction, five chapters, fourteen paragraphs, a conclusion and a bibliographical reference.

Full text (added May 15, 2024)

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