人工智慧浪潮對民事責任建構的挑戰──以智慧醫療器材之應用為例

The Challenges of the Trend of Artificial Intelligence on the Construction of Civil Liability: Applied to Smart Medical Devices as an Example

在全球人口走向老化、且平均壽命不斷延長的趨勢下，對醫療照護的需求勢必有增無減。但與此同時，人口結構變遷的影響也使得醫療人力日漸吃緊。在此背景下，將現處於爆發性成長、又不會感到疲累的人工智慧引進醫療領域，由其來協助醫事人員完成任務，初步看來不論是對醫、病而言均具有相當實益。然而，醫療事務畢竟與人之生命、健康有密切關聯，稍有不慎即可能帶來嚴重後果。倘若醫師在診治病人的過程中使用了智慧醫療器材，但有誤判之狀況致病人受到生命、身體或健康上的損害，此時智慧醫療器材製造人或醫師有無可能須承擔相應的民事損害賠償責任？非無進一步探究之餘地，亦為本文關注之議題。

Under the trend of an aging global population and a continual increase of average life expectancy, the need for medical care is bound to increase. However at the same time, the impact of demographic changes has also made medical workforce increasingly scarce. In this context, the introduction of artificial intelligence-which does not experience fatigue and is currently under explosive growth-to the medical field for assisting medical personnel to complete their tasks seems so far to be quite beneficial to both medical professionals and patients. However, after all, medical affairs are closely related to human life and health, and a little carelessness may result in serious consequences. If a doctor applies a smart medical device in the process of diagnosing and treating a patient, and a misdiagnosis occurs resulting in damage to the life, body or health of the patient, is it possible in this case that the smart medical device manufacturer or the doctor must bear the corresponding civil damages compensation? There is room for further research, and it is also the topic of concern in this paper.