Medical Liability and Artificial Intelligence: Brazilian and European Legal Approaches

This book offers an in-depth examination of the critical intersection between medical practice and artificial intelligence, analysing the benefits, risks, and complex challenges that AI introduces into the doctor–patient relationship. It provides comprehensive insights into the reconceptualisation of medical duties, addressing both their ethical imperatives and their binding legal force. With a particular focus on medical malpractice and medico-legal duties, the book examines the ethical principles underpinning the use of artificial intelligence in medicine and their correlation with legal obligations. It further provides a general overview of the regulatory framework governing AI within the European Union, drawing comparisons with existing legal concepts under the Brazilian legal system.

This is the first book worldwide to focus exclusively on the analysis of medical liability within the context of artificial intelligence. Originally published in Portuguese, it is now presented in an expanded and fully translated English edition. Aimed at both academic institutions and legal and healthcare practitioners, this research monograph addresses a notable gap in the existing literature. It serves as a valuable resource for scholars, legal professionals, and medical practitioners seeking a comprehensive understanding of the intersection between AI and medical malpractice. Through its in-depth legal analysis and practical case studies, the book offers a focused examination of medical malpractice and civil liability arising from the use of AI systems, enhancing its relevance to a wide-ranging audience.

The book encompasses a broad range of topics relating to medical liability in the context of AI systems, adopting a practical approach that renders its content applicable across different legal jurisdictions. The foundational concepts of Medical Law and artificial intelligence it presents are relevant to multiple national frameworks, thereby enhancing its accessibility. This adaptability and universal applicability position the work as a valuable resource for international audiences, offering insights and guidance that may be effectively applied in diverse legal and healthcare contexts.

Rafaella Nogaroli is a Lawyer and served as an Appellate Judge’s Advisor at the Court of Justice of the State of Paraná, Brazil (2017-2023). She holds a Master of Laws from the Federal University of Paraná, Brazil.

Currently, Rafaella serves as the President of the Miguel Kfouri Neto Institute – Medical and Health Law (2024-2027), and was, also, the Coordinator of the research group Healthcare Law and Medical Companies at UNICURITIBA (2017-2023), overseeing a diverse membership of around 100 researchers, including judges, prosecutors, lawyers, doctors, and nurses from different states across Brazil. Additionally, she is the Director and Member of the Brazilian Institute of Tort Law (2022-2025).

Rafaella has had a distinguished academic career both in teaching and publishing. With over 60 papers published in journals and books about Medical Law, artificial intelligence, and emerging healthcare technologies, Rafaella has made significant contributions to the field. Moreover, she is a Professor in short courses and in the specialization course in Medical Law at the Centre for Biomedical Law, University of Coimbra, Portugal, and in various specialization courses in Medical Law in Brazil. She is the Coordinator of the column Migalhas on Medical Law and Bioethics and serves as a Professor and Academic Supervisor of the specialization course in Medical Law and Bioethics at EBRADI.