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Research Handbook on Health, AI and the Law

Research Handbook on Health, AI and the Law

Author: Barry Solaiman; I. Glenn Cohen
Publisher: Edward Elgar Publishing
ISBN: 9781802205640
Published In: July 2024
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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The Research Handbook on Health, AI and the Law explores the use of AI in healthcare, identifying the important laws and ethical issues that arise from its use. Adopting an international approach, it analyses the varying responses of multiple jurisdictions to the use of AI and examines the influence of major religious and secular ethical traditions.

Bringing together a diverse range of carefully selected legal experts, the Research Handbook critically assesses the different uses of AI in healthcare and its promise to provide greater accuracy for healthcare professionals and patients by diagnosing diseases and detecting illness earlier and helping hospitals run more efficiently. It also highlights a series of legal and ethical challenges AI raises relating to bias, privacy, data security, medical liability, informed consent and intellectual property. AI governance is rigorously examined in countries across the globe spanning Asia, Europe and the US while different responses from international organisations towards AI in healthcare are also evaluated.

This Research Handbook is a key resource for scholars and law students and for those interested in current and developing legal paradigms. Its legal and practical dimensions will also be beneficial to lawyers practising in health law and internet and technology law, policymakers and medical professionals.

1. Introduction to the Research Handbook on Health, AI and the Law: a framework for health, AI and the law 1

Barry Solaiman and I. Glenn Cohen

PART I: THE USES OF AI IN HEALTH

2. AI in hospital administration and management: ethical and legal implications 21

Abeer Malik and Barry Solaiman

3. Facial recognition AI technology in healthcare and the law 41

Vera Lúcia Raposo

4. Cybersecurity of AI medical devices: risks, legislation, and challenges 57

Elisabetta Biasin, Erik Kamenjašević and Kaspar Rosager Ludvigsen

5. Regulating smart healthcare robots: the European approach 75

Tom Goffin and Sofia Palmieri

PART II: THE LEGAL CONSIDERATIONS OF AI IN HEALTH

6. Algorithmic discrimination and health equity 93

Jessica L. Roberts and Peter Salib

7. AI and data protection law in health 111

Craig Konnoth

8. The legal considerations of AI-blockchain for securing health data 130

Barry Solaiman and Georgios Dimitropoulos

9. Liability for use of artificial intelligence in medicine 150

W. Nicholson Price II, Sara Gerke and I. Glenn Cohen

10. Artificial intelligence and the law of informed consent 168

I. Glenn Cohen and Andrew Slottje

11. Artificial intelligence and intellectual property in healthcare technologies 184

Charlotte A. Tschider and Cynthia M. Ho

PART III: THE ETHICAL PERSPECTIVES OF AI IN HEALTH

12. Idealism, realism, pragmatism: three modes of theorising within secular

AI ethics 203

Rune Nyrup and Beba Cibralic

13. AI, medicine and Christian ethics 219

Zachary R. Calo

14. Islamic ethico-legal perspectives on medical accountability in the age of artificial intelligence 234

Mohammed Ghaly

PART IV: THE LEGAL GOVERNANCE OF AI AROUND THE WORLD

15. International organisations and the global governance of AI in health 255

Sara Kijewski, Elettra Ronchi and Effy Vayena

16. US regulation of medical artificial intelligence and machine learning (AI/ML) research and development 272

Vasiliki Rahimzadeh

17. The state and values of AI governance in UK healthcare 290

Colm Peter McGrath

18. Governing AI in the European Union: emerging infrastructures and regulatory ecosystems in health 309

Timo Minssen, Barry Solaiman, Lea Köttering, Jakob Wested and Abeer Malik

19. Regulating AI in health in the Middle East: case studies from Qatar, Saudi Arabia and the United Arab Emirates 329

Barry Solaiman, Ayesha Bashir and Fama Dieng

20. Convergence in the regulation of artificial intelligence software as medical device in the Guangdong–Hong Kong–Macao Greater Bay

Area of China 351

Calvin Wai Loon Ho

21. Legal governance of artificial intelligence in healthcare devices and services in Singapore 369

Warren B. Chik and Haran Sugumaran

22. Regulating artificial intelligence in medical care in South Korea 388

Won Bok Lee

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