Yapay Zeka Alanında Hukuki Gelişmeler ve Hastane Öncesi Sağlık Hizmetleri

Abstract

The adequate and quality management of healthcare services falls within the scope of states' positive obligation to protect the right to life. Pre-hospital care, due to its urgent intervention requirements, is a critical stage in fulfilling this obligation. As in all fields today, the use of technology and artificial intelligence (AI) in medicine is steadily increasing. In the field of healthcare, where the protection of personal autonomy, the use of sensitive personal data, and the potential for malpractice to lead to violations of bodily integrity are crucial, the use of AI must be legally safeguarded for the benefit of society and individuals. Research suggests that the more effective use of AI in pre-hospital healthcare services and ambulances for rapid diagnosis, determining appropriate treatment plans, and early intervention can increase patients' chances of survival. On the other hand, the legal implications related to human rights, medical ethics, and malpractice are being debated. In this context, the policies and principles are being shaped by World Health Organization (WHO), and The European Union's (EU) Artificial Intelligence Act has been adopted in 2024 as the first regulation that expected to inspire other countries. This study, which employs literature review and content analysis methods, aims to examine the use of AI in pre-hospital healthcare services in light of legal developments, within the context of AI's growing role in healthcare services. In conclusion, although the EU Artificial Intelligence Act regulates emergency healthcare services as a high-risk area and imposes strict rules, it would be beneficial to develop detailed special regulations concerning healthcare services, particularly in situations where fully autonomous AI is used, in terms of protecting individual rights, ensuring compliance with medical ethical rules, and determining legal responsibility in cases of malpractice.