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AI on Trial: How artificial intelligence is reshaping medical malpractice

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Deepika Srivastava of The Doctors Company explains why the rise of AI in medicine is outpacing the legal system’s ability to manage its risks.

Deepika Srivastava, chief operating officer at The Doctors Company, discusses how artificial intelligence (AI) is beginning to influence medical malpractice — and why the legal system isn’t yet ready for what’s coming.

“There has been no documented malpractice case in the U.S. where AI is central to the claim,” Srivastava says. “But we suspect such cases have occurred, and they will likely become more common as AI adoption grows.”

As AI becomes more embedded in clinical workflows, it’s changing how physicians make decisions — and how courts may define the “reasonable physician” standard.

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

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