Inside AI malpractice law: How artificial intelligence is reshaping liability in health care

Sara Gerke, associate professor of law at the University of Illinois and Corman Scholar, explains how artificial intelligence (AI) is already beginning to influence malpractice law — and why traditional legal doctrines may not fit the realities of emerging technology.

Gerke outlines a rapidly evolving landscape where physicians, hospitals, and manufacturers all face shifting accountability. “So long as physicians follow the standard of care, they can shield themselves from liability,” she says. “But that also means they may be discouraged from relying on a correct AI recommendation that deviates from the standard of care.”

With few precedents and fragmented case law, Gerke says liability remains uncertain — especially for hospitals purchasing AI systems and manufacturers whose algorithms may contain bias. The result, she warns, is “misaligned incentives that may hinder safe and effective AI adoption in health care.”