God vård i en ny tid – AI:s förenlighet med rättsliga krav i svensk hälso- och sjukvård

Sammanfattning

The rapid advancement of digitalisation has led to significant transformations within the healthcare sector. While emerging technologies such as artificial intelligence (AI) offer opportunities for enhanced efficiency and diagnostic accuracy, their implementation raises a number of legal and ethical chal- lenges. This thesis examines whether the use of AI within Swedish healthcare can be considered compatible with the legal requirements of “good care” and “science and proven experience”, two central concepts within the Swedish healthcare regulatory framework. A legal dogmatic method is used to determine the applicable law and assess how AI fits within this framework. The thesis includes a brief overview of AI’s technical foundations and practical healthcare applications. This context enables a legal analysis focused on the normative requirements for quality of care, patient safety, ethics, transparency, data protection, and professional competence. The analysis demonstrates that AI holds the potential to improve diagnostic accuracy, streamline processes, and reduce administrative burdens. However, it also reveals risks, including a lack of transparency, potential negative im- pacts on care quality, and challenges related to user competence and trust in AI-based tools. Despite these concerns, the thesis concludes that the current legal framework does not pose a barrier to the adoption of AI in healthcare, provided that relevant standards of quality and safety are upheld. The findings suggest that AI, when implemented responsibly, with sufficient professional competence and appropriate follow-up, may be deemed compat- ible with both “good care” and “science and proven experience”. There is no immediate need for legislative reform; rather, the current flexible regulatory model allows healthcare providers to uphold high standards of care while adapting to technological advancements. Nevertheless, clear regulatory guidelines and official recommendations are essential to ensure that AI is uti- lised in a legally sound, ethically responsible, and medically safe manner.