AI on Trial: A conversation with Deepika Srivastava, chief operating officer at The Doctors Company

Artificial intelligence (AI) is rapidly changing the way medicine is practiced — and raising profound new questions about liability, accountability and patient safety.

Deepika Srivastava, chief operating officer at The Doctors Company, sat down with Medical Economics to discuss how AI is reshaping medical malpractice risk and what physicians can do to protect themselves as the technology evolves.

She explains that while there have been few malpractice cases directly involving AI so far, those claims are coming — and the legal system is not yet equipped to handle them.

“The rapid pace of AI development has really outstripped its integration into legal medicine,” she says. “It’s creating gaps in regulation and understanding.”

Srivastava offers clear, actionable guidance for clinicians. She discusses how to document AI use, secure informed consent and maintain trust with patients. She also explains how malpractice insurers are adapting coverage to account for AI-related risk — and how physicians can work with insurers and risk experts to navigate this new landscape responsibly.

“Not using AI could one day be seen as negligent, while relying on it too heavily may be considered careless,” Srivastava says. “It’s a balancing act.”

As AI continues to expand across healthcare, Srivastava underscores one constant: clear communication, clinical judgment and accountability will remain the cornerstones of good medicine.

This conversation accompanies Medical Economics' in-depth story, "The new malpractice frontier: Who's liable when AI gets it wrong?"