Abstract

Given an increased interest in implementing AI-based tools in healthcare, questions about guaranteeing patients’ rights are increasingly being raised. Ethicists indicate that the use of AI could potentially jeopardise patient autonomy as a result of the so-called 'surrogate decision-making process'. Basing treatment on AI systems may result in reliance on mathematical relations found by the machine and thus dehumanise treatment. Moreover, it could result in patient’s entitlement to treatment being taken away or restricted. Today, patient autonomy is one of the fundamental pillars of a contemporary healthcare system. Autonomy is understood as the ability to make rational decisions without external coercion. Patients should be given an opportunity to compare the proposed treatment options, as well as a chance to understand information they have been given or to assess problems and consequently be able to make informed decisions. The article addresses the issue of patient autonomy and the problem of informed consent in the case of treatment using so-called artificial intelligence. The analysis made therein has served as a basis for formulating de lege ferenda postulates.