Certain Constitutional Law Aspects of Delivering High-Tech Medical Care Using Artificial Intelligence

The article examines the issue of substandard medical care provided to a patient when artificial intelligence (AI) is employed by a physician. It is observed that, in the absence of disclosure to the patient about the use of AI in their care, the patient may never be informed of any errors made by the AI. Should a physician elect to treat a patient based on an erroneous diagnosis proposed by the AI, the patient will be subjected to harmful interventions and deprived of quality and affordable care. The article considers the legal doctrine of informed voluntary consent in Russia and the UK. It is observed that the doctrine is based on the principle of the patient's autonomy, with relevant judicial practice provided to support this. The study indicates that the use of artificial intelligence in the provision of medical care by a doctor entails varying degrees of risk to the patient. This is due to the fact that AI can be employed as both a tool and an algorithm that diagnoses the patient based on the data obtained. In this context, it is recommended that the informed voluntary consent form should explicitly state that AI will be used, taking into account the potential material harm and risks to the patient.