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Investigating the Effect of Using Artificial Intelligence in the Diagnosis of Oral and Dental Diseases on the Concept of the Dentist's Fault
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Mansooreh Nikbakht Nasrabadi1    , Mahmoud Abbasi *2 |
1- The Higher Institute of Management and Planning Education and Research, Tehran, Iran.
2- Medical Ethics and Law Research Center, Shahid Beheshti University of Medical Sciences, Tehran, Iran. |
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Abstract: (198 Views) |
Background and Aim: Artificial intelligence (AI) technology has wide applications in dentistry. A dentist can use AI technology to analyze patient data, diagnose and treat dental diseases and manage activities. The need for using new software and the legal implications, including civil liability, are important in the field of dentistry. One of the most important legal questions in this area is the impact of AI on the concepts and elements of civil liability.
Methods: This research is a theoretical and descriptive analysis and the information was collected through library research and referring to documents, books and articles.
Ethical Considerations: In this study, ethical aspects of library research, including authenticity of texts honesty and trustworthiness, were fully observed.
Results: Examining Article 495 of the Islamic Penal Code and specific regulations, explaining artificial intelligence and its applications in dentistry, it was found that apart from the fact that AI cannot be held separately liable, since harm and causation relationship are established based on customary law, the concepts related to civil liability, including the concept of fault, causation relationship, etc., should be examined in these cases in a new way and considering the necessary considerations.
Conclusion: The differences of artificial intelligence with other tools in terms of independence in decision-making and analysis make the difference. The legal system may tend to consider AI-based machine as responsible, but in the author opinion, it is difficult to attribute separate legal personality and liability to it. When a dentist, as a user, uses intelligent software for diagnosis or other treatment stages and as a result, harm is caused to the patient, although separate legal personality cannot be attributed to this technology, it reduces the liability of the dentist since multiple individuals, including the creator, trainer, or multiple users, are involved in the chain of its deployment. Since the failure to observe technical and scientific standards in diagnostic and treatment measures is the most important criterion relied upon by judicial courts and disciplinary boards in examining dental complaints, after ensuring the recognition of the use of artificial intelligence in the treatment process in the specific case, it should be examined whether the treatment method used with the use of artificial intelligence is in accordance with the conventional medical regulations or not and the criterion for diagnosing the physician fault is conventional medical behavior and this conventionality must also be observed in the manner of using AI software. |
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| Keywords: Civil Liability, Artificial Intelligence, Smart Dentist |
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Full-Text [PDF 536 kb]
(153 Downloads)
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Type of Study: Original Article |
Received: 2024/05/3 | Accepted: 2024/09/18 | Published: 2024/12/5
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