EVENTS

Professor Christoph Kumpan and Professor Georg Ringe would like to invite you to the NAIL Research Seminar #20, with Dr. Monica Gigola (University of Genoa).

The lecture will be followed by a discussion on the topic. The event will be held in English and will take place in person in Room 1.11 at the Bucerius Law School. You can participate in person or online. Please register for the event via this link.

Abstract: The subject of my research concerns the impact that scientific and technological advances in artificial and computational science, hence robotics and artificial intelligence that have determined and are determining not only in the contractual sphere, in the civil liability system, but also at the European level, particularly in the health care sphere, in the light of regulatory developments, jurisprudential contributions and the effects produced by technological development.
Particularly in the health care field, the question arises as to which liability criteria are applicable when it is not easy to establish whether or not the prerequisites for the assertion of a direct liability of the facility or the physician are met.
At the root of the problem are, first of all, the characters of the AI tools -called the black box- which does not allow the operator access to the processes through which the desired result is reached, being unable to understand or verify the logical process and the reasons for the machine's choices. First of all, it is necessary to divide the etiology of possible damaging events caused by AI systems into two distinct areas, those that trace the cause back to malpractice behaviors of the doctor and those in which the cause of the event appears to fall under machine malfunction problems.While the legislation seems to be directed toward a more precise and updated definition of digital product with the adoption of the new Directive (EU) 2024/2853, it seems necessary to identify ad hoc legislation, at the national level, such as a double track between the recent European regulation and the system provided by the Gelli-Bianco law.s.

More information about the NAIL project is available on our institutional website. Please subscribe to our mailing list to receive notifications for future events.

Institutions

• Network for Artificial Intelligence and Law (NAIL)