This study delves into the complicated interaction of medical law and ethics in the changing environment of AI-related healthcare, with a particular focus on the Chinese context. It discusses the distinction between medical errors and medical malpractice, focusing on whether healthcare professionals follow recognised standards of care. The research concentrates on two crucial areas: diagnosis and medical treatments.

In the realm of diagnosis, empirical evidence suggests that AI surpasses healthcare professionals in accuracy. While healthcare professionals may commit malpractice through misdiagnosis, AI-related diagnoses, while susceptible to errors, do not transgress the standard of care.

Similarly, the paper examines medical treatments, scrutinizing scenarios where malpractice may arise when executed by healthcare professionals or AI-related robots. The importance of compliance with established standards of care remains central to preventing medical malpractice.

Looking ahead, the paper contemplates a future where autonomous AI might intentionally cause harm, posing challenges to the existing legal framework. The discussion revolves around legal personality, criminal penalties, and civil indemnization for autonomous AI, challenging traditional notions of accountability.

This exploration contributes to a comprehensive understanding of the legal and ethical dimensions of AI in Chinese healthcare, urging careful consideration of potential ramifications and the need for future research to address emerging complexities.