AI on Trial: How the courts are defining liability in the age of AI

Deepika Srivastava, chief operating officer at The Doctors Company, says the law is still “unsettled” when it comes to artificial intelligence (AI) and medical liability.

“Courts are only beginning to confront these questions,” Srivastava explains. “So far, courts have relied on traditional frameworks when they’re apportioning liability.”

While early cases suggest judges are hesitant to create special rules for AI, Srivastava says that could change as technology advances.

“Over time, judges will increasingly need to decide whether physicians should be held accountable for following or ignoring AI recommendations,” she notes. “Liability boundaries will likely be shaped case by case as courts and regulators and the medical community gain more perspective.”