DiKE Künstliche Intelligenz in der Medizin aus haftungsrechtlicher Perspektive

Given their technical ability to perform certain tasks independently, artificial intelligence systems are attributed a great potential in patient treatment. However, their use also comes with novel risks and legal challenges, especially since liability law generally assumes that autonomous actions are solely attributed to humans.

The dissertation examines to what extent the use of AI systems is permissible in light of the principle of personal performance fulfillment in contract law, specifically in medical treatment, what due diligence and particularly control obligations must be considered, and to what extent misjudgments can be appropriately attributed. The underlying considerations and findings can certainly also be applied to the legal classification of the use of AI systems in other fields.