The contribution of artificial inteligence in heak

The benefits that artificial intelligence can bring to healthcare are countless. However, hand in hand with this are the myriad conflicting views on the use of AI in healthcare, including from the World Health Organization (WHO), as well as the relevant problematic and controversial aspects. What are the potential benefits of AI in healthcare, what are the current visions and what are the potential risks? Let's take a look together in a series of articles focusing on AI in healthcare.

In this article, we take a cross-sectional look at the potential benefits of AI in healthcare as a whole, but also at some of the downstream issues or risks.

Artificial intelligence and diagnostics

One of the main areas where applications for AI can be found is in diagnostics. Here, early detection of a given disease is absolutely crucial, especially if it is, for example, a cancer. Diagnosis is not always straightforward and it may not be obvious at first glance what the disease is. There is thus scope for the use of artificial intelligence in radiology, for example.

Systems that are being developed specifically for detecting findings on X-ray images are able to detect and locate different types of findings very quickly and with high accuracy. These systems could thus significantly speed up the diagnostic examination process and at the same time have a positive impact on the patient himself by detecting the diagnosis early and accurately, which could also lead to a higher probability of a full recovery.

Three Czech hospitals are currently testing such an AI system for reading X-ray images, with doctors directly confirming the benefits of the system. It could also be a significant help for young doctors, who can learn much better by doing so. At the same time, this system can also be a third eye for an experienced radiologist to capture even the smallest and most difficult to see findings. The widespread introduction of artificial intelligence into healthcare can thus benefit both doctors and patients themselves.

Robot surgeon

AI is also bringing changes to follow-up medical care and therapeutic processes. For example, in robotic surgery, AI not only enables more precise diagnosis, but also more accurate imaging of the patient's anatomy. This allows surgeons to more accurately determine the appropriate course of action for surgery.

Through AI-based robotic surgical devices, doctors are then able to perform complex surgical procedures with maximum precision and minimal interference with the patient's body. The result is faster healing, less risk of complications and a shorter time for the patient to fully recover.

Manipulating surgical instruments with a robotic system can provide the physician with better ergonomics during surgery, where even the smallest factor can be critical to the outcome of the operation. In addition, robotic systems allow surgeons to reach very hard to reach places in the patient's body using conventional surgical methods. Furthermore, thanks to the visualization and magnified image of the operated area, the doctor also has much more control over the actual procedure.

The big question, however, is the potential liability for any harm caused during a procedure performed by artificial intelligence or various robots.

Making treatment more efficient

Thanks to artificial intelligence, we can also make the treatment itself more efficient. AI can analyse a patient's genetic and historical data along with their medical history, all quickly and efficiently. Based on this, it can then design a specific treatment plan directly according to each patient's particular needs.

At the same time, AI can also help improve the prediction of drug side effects, minimizing complications for patients. At the same time, thanks to its ability to analyse huge amounts of data, it can also speed up the development of new drugs.

Current developments in the field of artificial intelligence in healthcare

At the moment, various forms of virtual reality are being tested in various places around the country, targeting both the benefit of patients and doctors who might start using these technologies.

Thus, with the help of virtual reality, rehearsals of notification of illnesses or deaths by medical staff are being carried out, or also of CPR (cardiopulmonary resuscitation) training. This opens up the possibility for healthcare professionals to "train" from anywhere, greatly facilitating the requirements of large group training sessions.

A very interesting experience for patients can be rehabilitation through virtual reality, where they can, for example, pick virtual fruit or chop wood, or play a virtual memory game. Such rehabilitation has the advantage that it can be used both for musculoskeletal training and for cognitive training.

The use of virtual reality for brain surgery could also be a novelty. Specifically, this would involve reducing stress for the patient during surgery when the patient is conscious, as it is necessary to determine whether the surgery interferes with speech or other cognitive centres. Also, speech therapists would not need to be present in the operating room, which would reduce the risk of infection.

Legal aspects of the use of AI in healthcare

Artificial intelligence is certainly beginning to have a place in healthcare, but the whole process of integration will be lengthy and national legislation will need to be brought into line with this trend.

However, not all opinions are positive and the use of AI has its own significant pitfalls that need to be given due emphasis, especially in areas such as the protection of patients' personal data under the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016) and liability issues for medical errors that may occur when using AI, which will be affected in particular by Act No. 89/2012 Coll, Civil Code, the Medical Devices Directive (Directive 93/42/EEC) or, for example, the Artificial Intelligence Regulation (AI Act), the final version of which was approved by the European Parliament on 13 March 2024.

Another important aspect of the integration of AI into healthcare is to ensure that patients provide informed consent to the healthcare services provided in the sense of Act No 372/2011 Coll., on Health Services and Conditions of their Provision (Health Services Act), in particular the Act on Health Services. § Section 28(1) and Section 34 et seq. of this Act. Thus, in the case of AI implementation, patients' informed consents should contain relevant information depending on the specific use of AI in the provision of health services. Patients must be clearly and transparently informed about what information is collected, how the data will be used and what are the potential benefits and risks of using AI in healthcare.

Patient data must also be protected to the same level as required by the GDPR and the Health Services Act when using AI. Articles 6 and 9 of this regulation define the conditions for lawful processing of personal data, and therefore determine when consent from the patient is required for the purposes of data processing and when it is not. The standard of protection of patient data and information must also be maintained in light of the Health Services Act, which regulates in particular the confidentiality of staff (Article 51 of the Act), the transmission of health information to other health service providers (Article 45(2)(g)), etc. 

The approved version of the AI Regulation defines, among other things, the conditions for the use of so-called high-risk AI systems, including medical systems intended for diagnosis or used in the context of robotic surgery. The regulation emphasises the need to control and monitor personnel in connection with the use of these systems.

According to Section 49 of the Health Services Act, health professionals are obliged to provide health services at an appropriate professional level and to follow ethical principles. Therefore, it is also essential that health service providers ensure that the level of ethical awareness and training of health personnel in the application and use of artificial intelligence is raised so that lege artis is followed in the provision of health services. In particular, training should cover issues related to ethics, patient safety or interpretation of results provided by AI to ensure that decision-making remains in the hands of qualified healthcare professionals.

It is important to bear in mind that AI is not omnipresent and should only be seen as a supporting tool and not as a replacement for the human element.

As outlined above, the use of AI generally carries with it a myriad of benefits and attendant risks. In the healthcare sector, we will discuss in particular the issue of liability or the protection of patients' personal data. The problematic aspects of the use of artificial intelligence in the provision of healthcare services will be discussed in more detail in a follow-up article.

If you have any questions in connection with healthcare law or related issues, please do not hesitate to contact us. We will be happy to learn more about your case and provide you with appropriate legal assistance.

Responsible lawyer: Mgr. Mgr. Barbora Dlabolová, Kateřina Chaloupková collaborated on the article.