Adressing Patients’ Vulnerability Related to the Use of Artificial Intelligence – Legal Challenges

Sovilj, Ranko (2025) Adressing Patients’ Vulnerability Related to the Use of Artificial Intelligence – Legal Challenges. In: Book of Abstracts of 29 th World Congress of Medical Law. World Association for Medical Law, Ankara, Turska, pp. 240-241.

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Abstract

The use of Artificial Intelligence (AI) in healthcare is rapidly growing, offering a range of potential benefits such as improved diagnostic accuracy, and personalized treatment. However, the integration of AI in healthcare also poses several legal and ethical challenges that need to be carefully addressed to ensure patient safety, fairness, and equity. These challenges are primarily related to privacy, surveillance, bias, discrimination, responsibility, and the role of human judgment in medical decisions. As AI systems become more integrated into healthcare, they are also becoming potential targets for cyberattacks. These systems frequently deal with sensitive health data, including patient records, where patient information is either stolen or manipulated, as well as attacks that compromise the functionality of AI systems, which could result in inaccurate diagnoses or inappropriate treatment recommendations. In healthcare, even minor errors in AI-driven procedures or protocols can have catastrophic consequences for patients, who are already vulnerable due to their medical conditions. Given that patients typically interact with healthcare professionals at their most fragile moments, it is essential to ensure that AI systems operate with the highest degree of accuracy and safety. Therefore, the need to address cybersecurity vulnerabilities is critical due to the potentially severe consequences of AIrelated cyberattacks within healthcare system. The integration of AI in healthcare has enormous potential but comes with significant legal, ethical, and technical challenges. These challenges must be addressed through careful regulation, transparent practices, and continuous engagement of both patients and healthcare professionals. Balancing the potential benefits of AI with the protection of patient rights, the maintenance of trust in healthcare, and the safeguarding of fairness are essential for the responsible use of AI in healthcare. Nowadays, there are still no comprehensive regulations specifically addressing the legal and ethical issues surrounding the use of Al in healthcare. Hence, legal frameworks, ethical guidelines, and robust supervision will be crucial in ensuring that AI's use in healthcare ultimately benefits patients without compromising their safety, dignity, or rights. Top of Form This paper aims to explore these critical concerns, emphasizing the importance of algorithmic transparency, the protection of patient privacy, and the safeguarding of all individuals from potential harm. Additionally, the paper highlights the urgency of addressing cybersecurity vulnerabilities associated with AI technologies in healthcare.

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