AI-Related Healthcare and Medical Malpractice Risks: Potential Defendants, Standard of Care, Insurance Coverage

This CLE webinar will discuss new considerations for medical malpractice attorneys when AI and machine learning are involved in patient care. The panel will offer practical insights useful for either plaintiff or defense counsel, including insurance coverage considerations.

Using AI to deliver medical care presents different and often more complex medical liability issues. To meet these new challenges, medical malpractice counsel first need to understand how physicians, surgeons, hospitals, and other medical providers are integrating AI and machine learning into everything from administrative and workflow functions to diagnostics to robotic surgery. They also need to understand how insurers are covering or excluding AI use. 

AI, however, does not change the standard of care for healthcare professionals and hospitals, nor the need to prove deviation from that standard, causation, and resulting damages. Patient disclosure and consent may be particularly important. Using AI will likely expand the number of potential defendants. Developers and other third parties seem destined to become additional defendants in medical malpractice cases, with attendant debates over apportionment of fault. AI experts will be needed, and ultimately jury perception of AI's pros and cons will play a significant role in determining liability and damages.

At a minimum, everything about the AI technology and its use—how it was developed and tested, the user's knowledge of the system and compliance with policies and procedures, the AI's strengths and weaknesses, how and who selected a particular AI use, and much more—is likely to be rigorously scrutinized by plaintiffs and insurers. 

Listen as this esteemed and experienced panel discusses new challenges that will arise in cases alleging AI-related medical malpractice and offers practical guidance for navigating these perplexities.