What is Spanish regulation on the application of artificial intelligence to medicine like?

Abstract

This article will attempt to analyze the current impact of Artificial Intelligence in Spanish healthcare, as well as the challenges that its application poses both from an ethical and legal point of view. Technological advances, which are already being applied in healthcare, make it necessary to adapt the legal system to the new trends that are emerging in society and force healthcare professionals to review their codes of ethics in the face of new ethical dilemmas, since these codes of ethics do not have clear guidelines for action on AI that raise relevant ethical problems to which no response is being given, except for the code of ethics for medicine, which has recently been included. After a review of the last 5 years of Spanish and European regulations in medicine, it can be concluded that the regulation and legislation of the application of AI is very deficient, both in the EU and in Spain. In order to try to identify different ways of resolving conflicts related to AI in medicine, jurisprudential sentences related to the rights and obligations of health professionals, patients and users have been analyzed and reviewed. Therefore, the paper concludes with the proposal of a series of aspects to be taken into account for the future regulation of the application of AI in medicine.