Legal Protection of Patients' Right to Know in Artificial Intelligence Diagnosis and Treatment

Abstract

With the rapid development of artificial intelligence technology in the field of medical diagnosis and treatment, the legal protection of patients' right to know is facing new opportunities and challenges. However, under the traditional medical model, patients' understanding of the right to know is limited to the clinician's obligation to inform, and it is difficult to adapt to the new diagnosis and treatment model with highly opaque algorithm decision-making and diversified responsible subjects. In artificial intelligence diagnosis and treatment, patients' right to know should be extended to knowledge of data sources, algorithm logic, differences in man-machine judgment and other dimensions. However, in practice, they face dilemmas such as algorithm black boxes, ownership of rights and responsibilities, and professional barriers. In this regard, it is necessary to establish a hierarchical disclosure system for diagnosis and treatment algorithm information, clarify the rules for dividing the notification obligations of developers, institutions and doctors, and improve the right relief mechanism of patients' right to know.

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