Defining AI liability: Will AI raise or reduce malpractice risk?

David Simon, J.D., Ph.D., L.L.M., associate professor of law at Northeastern University, breaks down whether artificial intelligence (AI) will lead to more malpractice claims — or fewer.

The answer, he says, depends on how AI is used and how courts define the standard of care. If a physician uses an AI tool that’s widely accepted in their specialty, “then, by definition, the physician has met their duty of care,” potentially lowering malpractice risk.

But Simon also cautions that fewer malpractice suits could mean more product liability cases targeting AI developers and device manufacturers. “You may get claims just being pushed around,” he explains, as responsibility shifts from clinicians to creators of the technology.