Use of artificial intelligence by the doctor: a responsibility far from being artificial

Does the use of AI in medicine redefine the conditions of the doctor’s responsibility towards the patient in French law? To date, the use of AI by the doctor for patient management does not lead to any legal revolution. The principle of the relative effect of contracts makes the doctor responsible for an AI defect with regard to the patient. However, if the classical rules of liability law adapt abstractly to the use of new technology, the concrete search for the fault of the doctor, pillar of his responsibility, in the care of the patient, could lead to rethinking the role of the doctor, of the expert and the judge, down to their respective ontological dimensions.
François Béroujon
Judge in the administrative court of Bordeaux
Former President of the CCI Rhône-Alpes, Auvergne, Burgundy
Authorized to steer researches in Public law