Аннотация
The article examines the issues in regulating liability for the use of artificial intelligence in healthcare. It analyzes the existing system in Kazakhstan for imposing legal liability for medical offenses and assesses how liability is regulated whe harm results from the use of artificial intelligence. It is started that despite the potential of artificial intelligence in healthcare, the risk of harm to life and health remains high. At the same time, risks may arise not only from artificial intelligence itself, but also from shortcomings or absence of regulation. The article addresses regulation of artificial intelligence registered as a medical device and the specifics of allocating liability between the medical device manufacturer and the medical organization. Based on a review of scientific publications, the paper analyzes various approaches to liability in medical legal relations in domestic and international practice that may help reduce the risks of using artificial intelligence and increase public trust. The author substantiates the need for consistent regulation based on clear liability approaches, taking into account the degree of autonomy of artificial intelligence, potential risks, and the need for further development of artificial intelligence technologies. The possibility of incorporating rules for the use of artificial intelligence into standards for the organizing medical care is considered. The importance of developing rules for allocating liability between doctor-robot and human-robot in disease diagnosis and treatment, depending on the degree of autonomy of the artificial intelligence system in decision-making is emphasized. The article concludes that ethical rules, patient informing, and digital training of medical professionals are necessary.