Inside AI malpractice law: How physicians can prepare for the next decade

Sara Gerke, associate professor of law at the University of Illinois, envisions a future where artificial intelligence (AI) becomes fully integrated into the standard of care — and with it, a more balanced framework for liability.

“Hopefully by then, AI use isn’t just optional but expected,” Gerke says. “And ideally, responsibility is shared among physicians, hospitals, and developers.” She adds that regulators may also establish new “no-fault” or compensation mechanisms to protect patients injured by AI-related errors.

For now, she urges physicians to document their decision-making carefully. “Record why you used an AI tool, why you followed or rejected its recommendation, and stay current on evolving professional guidelines,” she says. “Education and institutional training are key to managing liability risks in this new era.”