Legal

What medical practices need to know about risk in 2026

What medical practices need to know about risk in 2026

What medical practices need to know about risk in 2026

A conversation with Peter Reilly, North American Healthcare Practice Leader, HUB International

Our 96th annual Physician Report, released in August, features exclusive data on physician compensation, practice financial health and more.

Malpractice insurance costs are rising as claim severity increases. Consider these strategies to save money and navigate today's challenging insurance landscape effectively.

Common diagnostic challenges can turn preventable conditions into catastrophic clinical and financial outcomes, but practices can take action to strengthen diagnostic processes and reduce risk.

New JAMA analysis tracks employer-sponsored insurance, wages and inflation from 1999 to 2024.

Sara Gerke, M.A.; David A. Simon, J.D., LL.M., Ph.D.; and Deepika Srivastava join the show to talk about malpractice and physician liability in cases involving artificial intelligence.

How will artificial intelligence reshape the rules of medical malpractice? Northeastern University’s David Simon unpacks the legal, ethical and practical dilemmas now confronting physicians, hospitals and AI developers.

David Simon, J.D., LL.M., Ph.D., looks ahead at how widespread AI adoption may de-skill physicians, trigger early waves of litigation and push courts to create new legal norms for medical technology.

Sara Gerke discusses her proposal for AI “facts labels,” arguing that transparency in device labeling could help physicians, health systems and regulators share accountability.

David Simon, J.D., LL.M., Ph.D., says AI could cut malpractice claims if it becomes part of the accepted standard of care — but shift liability toward manufacturers in product defect cases.

Sara Gerke shares new findings from the CLASSICA project, revealing how surgeons view AI liability — and why shared accountability may be the future of malpractice law.

State-level scrutiny of private equity in health care intensifies as new laws emerge, shifting focus from federal antitrust enforcement.

David Simon, J.D., LL.M., Ph.D., contrasts the European Union’s proactive approach to AI oversight with the U.S. system’s reliance on courts and the FDA — and argues for a middle path balancing innovation and accountability.

David Simon, J.D., LL.M., Ph.D., explores how public skepticism toward “robot diagnosis” could shape future court decisions, even as confidence in AI’s accuracy grows over time.

Sara Gerke explains why jurors may soon see following an AI recommendation as the “reasonable” choice, even when it diverges from traditional medical standards.

David Simon, J.D., LL.M., Ph.D., explains why AI outputs are unlikely to define medical negligence — unless courts first determine that the AI itself represents the standard of care.

David Simon, J.D., LL.M., Ph.D., examines the unresolved gray areas between physicians, hospitals and AI manufacturers when errors occur.

Drawing from past device litigation, David Simon, J.D., LL.M., Ph.D., outlines how product liability claims against AI developers and device makers may mirror — and expand upon — traditional malpractice law.

David Simon, J.D., LL.M., Ph.D., discusses how AI could gradually reshape the legal definition of the “standard of care," and what happens when not all physicians or systems have equal access to these tools.

David Simon, J.D., LL.M., Ph.D., explains why the first clues to artificial intelligence malpractice law may come from outside of medicine — including recent verdicts in the autonomous vehicle industry.

Sara Gerke of the University of Illinois explains how artificial intelligence is already challenging malpractice law — and why unclear liability could slow safe adoption.

Katie Russell, J.D., partner at Brown Immigration Law, joins the show to discuss how medical practices should respond if ICE agents arrive — and how to stay compliant while protecting patients and staff.