The Official Journal for College of Law and Political Science, Alnoor University
The Formation of the Patient’s Informed Consent of The AI-Powered Diagnosis and Treatment and the Civil Liability Arising from Their Biases and Errors in Both the Iraqi and Egyptian Laws.
College of law and international relations. Cihan private university
Abstract
This research is concerned with studying the patient's informed consent of the AI-powered diagnosis and treatment, and the civil liability arising from their biases and errors. Three basic requirements should be satisfied for the formation of the patient's informed consent of these diagnostic and curative MAI-systems: first the physician's sufficient knowledge of how these systems of AI-powered diagnostic and curative algorithms work. Second the patient's informed knowledge of the probability or likelihood of the occurrence of diagnostic and curative biases and errors, which the AI-algorithms can acquire during the stage of machine-learning. There are many parties who can commit these biases and errors, like AI-designer, AI-developer, AI-processor, AI-trainer, AI-tester, or even AI-provider. The third component of the patient's informed consent is the necessity of his enjoying of the option to accept or reject the AI-powered diagnostic and curative procedures. Then the research studies the civil liability arising from dangerous AI-powered diagnostic and therapeutic algorithmic biases and errors. It is to be noted that the researcher studied three types of non-contractual (extra-contractual) civil liability, as well as the contractual liability in both the Iraqi civil code No.40 of 1951 and Egyptian civil code No. 131 of 1948. The problem of the research lies in the necessity of the legal regulation of the patient's informed consent of the AI-powered algorithmic diagnostic and curative procedures. As well as determining the most suitable system of the civil liability for compensating the damage the patient may suffer, as a result of these biases and errors in both the Iraqi and Egyptian laws. This study adopted the analytical comparative legal research methodology. The main finding of this study is the necessity of applying the system of strict-liability as the most suitable system of civil liability to encounter and compensate the damage caused by the multi-party algorithmic biases and errors. The researcher suggests some relevant recommendations to both the Iraqi and Egyptian legislators.
Ali,Y . (2026). The Formation of the Patient’s Informed Consent of The AI-Powered Diagnosis and Treatment and the Civil Liability Arising from Their Biases and Errors in Both the Iraqi and Egyptian Laws.. Al-Noor Journal for Legal Studies, 3(2.S), 1-16. doi: 10.69513/jnfls.v3.is.a9
MLA
Ali,Y . "The Formation of the Patient’s Informed Consent of The AI-Powered Diagnosis and Treatment and the Civil Liability Arising from Their Biases and Errors in Both the Iraqi and Egyptian Laws.", Al-Noor Journal for Legal Studies, 3, 2.S, 2026, 1-16. doi: 10.69513/jnfls.v3.is.a9
HARVARD
Ali Y. (2026). 'The Formation of the Patient’s Informed Consent of The AI-Powered Diagnosis and Treatment and the Civil Liability Arising from Their Biases and Errors in Both the Iraqi and Egyptian Laws.', Al-Noor Journal for Legal Studies, 3(2.S), pp. 1-16. doi: 10.69513/jnfls.v3.is.a9
CHICAGO
Y Ali, "The Formation of the Patient’s Informed Consent of The AI-Powered Diagnosis and Treatment and the Civil Liability Arising from Their Biases and Errors in Both the Iraqi and Egyptian Laws.," Al-Noor Journal for Legal Studies, 3 2.S (2026): 1-16, doi: 10.69513/jnfls.v3.is.a9
VANCOUVER
Ali Y. The Formation of the Patient’s Informed Consent of The AI-Powered Diagnosis and Treatment and the Civil Liability Arising from Their Biases and Errors in Both the Iraqi and Egyptian Laws.. NJLS. 2026;3(2.S):1-16 (In العربیة). doi: 10.69513/jnfls.v3.is.a9
