AI on Trial: Who's liable when algorithms go wrong?

Deepika Srivastava, chief operating officer at The Doctors Company, explores one of the most complex issues in the emerging world of artificial intelligence (AI) and malpractice: assigning responsibility when patient harm occurs.

“Where does the ultimate responsibility lie when AI contributes to patient harm — with the physician who relied on it, the health system that deployed it, or the technology company that designed it?” Srivastava asks. “Currently, malpractice law provides no clear allocation of liability among the three.”

She explains that while physicians still bear the primary legal risk, health systems face exposure if they fail to vet, train or oversee AI tools properly.

Meanwhile, technology companies often protect themselves through contracts that disclaim liability. “To answer your question,” she says, “I still believe physicians bear the biggest risk.”