Consent to Therapeutic Treatment and Artificial Intelligence in the Italian Legal Framework
Valentina Viti
2025-01-01
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articolo AI Law n. 2 2025 Consent to Therapeutic Treatment and Artificial Intelligence in the Italian Legal Framework.pdf
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Descrizione: The paper addresses the impact of the use of AI systems on the right to therapeutic self-determination, aiming to answer the question of whether it is necessary to involve the patient in understanding and being adequately informed in advance about the use of such systems, in order to give truly informed consent to medical treatment. A reflection on the model of balancing individual interest and social function, as outlined in relation to the right to health by Article 32 of the Italian Constitution, combined with an analysis of the current legal framework on consent to medical treatment, leads the Author to propose a solution that reaffirms the physician's duty to inform. This solution assigns the healthcare professional an intermediary role between the patient and artificial intelligence, within a framework that rightly values the concept of the care relationship.
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