Bioethical challenges and artificial intelligence, focus Quebec/France

Abstract

The authors discuss the potential benefits of AI for the healthcare system. To do this, they consider the importance of ensuring the confidentiality of medical data, maintaining a patient-doctor relationship imbued with humanity, as well as liability remedies specific to stemming the potential abuses of AI. In the healthcare sector, both in France and in Canada, AI is expected to be a tool for transforming and democratising healthcare by improving its quality, safety and effectiveness. We therefore need to analyse the legal framework in place to ensure that these objectives are met. The question is addressed on the basis of a study of the rules through the diversity of their conception, their implementation by the courts (case law) and their analysis by the authors making up the doctrine. The authors discuss the potential benefits of AI for the healthcare system. To do this, they consider the importance of ensuring the confidentiality of medical data, maintaining a patient-doctor relationship imbued with humanity, as well as liability remedies specific to stemming the potential abuses of AI. While the regulations applicable to AI are considered to be relevant and appropriate for taking account of the various issues, particularly in terms of privacy and liability, it will be necessary to remain attentive to their implementation in order to ensure that the objectives are effectively achieved.

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