Diagnostic decision support systems pose novel problems on the level of attribution of liability in cases where the intelligent device makes an erroneous assessment from which harm results.Having verified the value as guidelines or good practices of algorithmic prescriptions,both the profile of informed consent and the physician's participation contribution assessed under Article 2236 of the Civil Code are subject to consideration.An alternative approach is offered by the Proposed Directive on Artificial Intelligence Liability,capable of provi-ding,through the use of relative presumptions,effective protection for the patient without unduly penalizing the position of the professional.
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