Artificial Intelligence in Mental Health Practices: Legal Liability Analysis under Turkish, European, and Common Law Frameworks

Abstract

Artificial intelligence technologies are rapidly developing today and are beginning to have a significant impact in many fields. It is important to address this effect in a multidisciplinary manner. The impact of artificial intelligence is mostly addressed in terms of the contributions it will provide. Indeed, in the field of mental health, artificial intelligence is seen to bring many advantages for both doctors and patients, just as it does in other medical specialties. These advantages can cover many areas, from the diagnosis to the treatment of mental illnesses. However, the advantages of artificial intelligence and its use in diagnostic and treatment services as an expert activity do not exempt it from the application of legal rules in any way. In this case, the question arises as to whether artificial intelligence can be held legally liable in itself or how the liability will be determined due to the use of artificial intelligence technologies. There are two important points in establishing legal liability. The first of these is that artificial intelligence does not have legal liability. The second is the legal liability arising from the use of artificial intelligence and its reasons. In this study, the role of artificial intelligence technologies in mental health applications, the innovations and contributions they bring to mental health professionals, and the legal liabilities arising from artificial intelligence and its applications in the field of mental health have been examined. However, the study on criminal liability has been excluded from the scope.

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